Employment Notes

UK: 'reasonable and proper cause' needed to justify suspension pending disciplinary investigation

UK: dismissal for personal reason on occasion of TUPE transfer automatically unfair

Malaysia: Proposed changes to the Industrial Relations Act 1967

Malaysia's Ministry of Human Resources has recently proposed amendments to the Industrial Relations Act 1967 ("IRA") which, if introduced, would result …

UK: Employers may need to go further than strict compliance with the statutory right to a companion to ensure fairness

Employees have a statutory right to be accompanied to a disciplinary or grievance hearing by their chosen companion and, if that companion is unavailable …

UK: poor communication of successful appeal could itself amount to constructive dismissal

The Court of Appeal in Patel v Folkestone Nursing Home Ltd has confirmed that where an employee's internal appeal against dismissal is successful, the …

UK: Care needed over dismissal timing when employee approaching two years' service

The EAT has confirmed for the first time that an employee dismissed for gross misconduct in the week prior to accruing two years' service will not gain …

UK: dismissal of trade union representative for misuse of confidential information automatically unfair

The Court of Appeal has ruled that the protection against unfair dismissal for taking part in trade union activities should be interpreted broadly and …

UK: employers should offer internal appeal against dismissal

The case of Afzal v East London Pizza Ltd t/a Dominos Pizza highlights the importance of offering a right of appeal against dismissal. In that case the …

Malaysia: Reinstatement Must be Sought by Employees in Unfair Dismissal Claims

A recent decision of the Industrial Court of Malaysia has confirmed the position that in a claim for unfair dismissal, the primary remedy is …

UK: April 2018 changes to statutory benefits, tribunal compensation, minimum wage

From 6 April 2018, the cap on the unfair dismissal compensatory award increases from £80,541 to £83,682 and the cap on weekly pay (used to calculate …

UK: Unfair dismissal rulings on reasonable responses test, bumping, and egregious breaches

An employee's refusal to accept that they have breached their duties is relevant to whether dismissal is within the range of reasonable responses for …

UK: dismissal for failure to produce right to work documents could be unfair

The EAT decision in Baker v Abellio London UK serves as a reminder that it is not a statutory requirement for an employer to obtain right to work …