March 2009 Archives - 2/2 - Employment Law Advocates

More about blacklists

13-Mar-2009 / James Medhurst / No Comments

As Usefully Employed has noted in his excellent blog, there is an apparently legal blacklist in the form of the National Staff Dismissal Register. I share his disquiet, especially in the current economic climate in which several banks are dismissing a surprisingly small number of staff on the grounds of redundancy but a surprisingly large number of the grounds of conduct, often for dishonesty offences. It is difficult to accept that they can all be guilty. A striking comparison can be drawn with a House of Lords decision ...

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Blacklists

11-Mar-2009 / James Medhurst / No Comments

There was disturbing news in the press last week about blacklisting in the construction industry. A small company called the Consulting Association compiled a database of workers who had been involved in union activities, had brought tribunal claims or who had blown the whistle about poor health and safety practices. Worryingly, most of the employees concerned are likely to have no remedy in employment law. Those who were discriminated against may be able to claim victimisation but they will mostly ...

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Redundancy and the DDP

/ James Medhurst / No Comments

The recent decision of the Employment Appeal Tribunal in Smith Knight Fay v McCoy has already produced a lot of commentary. Among other things, it clarifies the fact that a premature decision to dismiss will not in itself breach the statutory procedure and the fact that the requirements under the procedure for the contents of a step one letter are not particularly onerous. However, what interests me are its implications in the case of a long redundancy consultation process involving ...

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Welcome to the Employment Law Advocates Blog

/ James Medhurst / No Comments

Welcome to our new blog! We shall be providing regular updates on new cases and employment law stories in the media. There are already a number of blogs in this area - see our blogroll - but we intend to provide our own unique approach. While there will be the occasional flight of academic fancy, the blog is aimed primarily at practitioners, HR professionals and employees, and so we will aim to be deal with the practical situations more commonly ...

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