Augustine Clement

Dismissal procedures after 6 April

The repeal of the statutory dispute resolution procedures on 6 April 2009 means that an employers procedural failures in carrying out a dismissal procedure no longer result in the dismissal being deemed automatically unfair. From now on, most dismissal procedures will be subject to the new Acas Code of Practice on Discipline and Grievance.

The sexuality of a victim may be irrelevant in a claim for harassment on ground of sexual orientation

The issue before the CA was whether someone who is ribbed or teased – or tormented – by “homophobic banter” (the phrase used in this case) is or may be thereby harassed within the meaning of Regulation 5 when (a) he is not gay, (b) he is not perceived or assumed to be gay by his fellow workers, and (c) he accepts that they do not believe him to be gay. English –v- Thomas Sanderson Ltd

Redundancy pay limit to rise to £380

The Chancellor of the Exchequer has announced, in the Budget for 2009, an increase in the limit on a week’s pay for the purpose of calculating statutory redundancy payments from £350 to £380. However, it is not clear when the increase will take effect. This will increase the cost of redundancy somewhat, where the business […]

Stopping employee’s pay can be evidence of termination

The effective date of termination can be the date of an act demonstrating a clear intention to terminate employment. In the circumstances of the case, stopping the employee’s pay while he was suspended was a sufficiently unequivocal statement of such an intention. Radecki v Kirklees Metropolitan Borough Council.

Protecting the interest of Suppliers

In this economic climate, in which many businesses erstwhile thought to be infallible have fallen by the way side, it is not uncommon for suppliers to be wary of the viability of potential buyers.

Terminating Onerous Supply Contracts

Did you enter into a contract in the good old days of economic boom and have now found the terms onerous and expensive?  For a number of reasons, changing economic prospects being just one of many, you may wish to consider terminating a contractual relationship you have entered into in the good times.