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14 July 2017 / Ian Smith
Issue: 7754 / Categories: Features , Employment
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Employment law brief: 14 July 2017

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Before putting his feet up for the summer, Ian Smith goes above & beyond the call of duty

  • What constitutes a reasonable appeal?
  • Misconduct, conduct or culpability?
  • When can a pay protection scheme be relied on in an equal pay claim?

What constitutes a reasonable appeal procedure in an unfair dismissal case? Does an employee dismissed for misconduct have to have behaved ‘culpably’? When can a pay protection scheme be relied on as a defence to an equal pay claim? What is the meaning of life? Why are we all here? The answers to all these questions (except the last two) are contained in this month’s brief.

What constitutes a reasonable appeal?

The significance of an appeal system in a disciplinary procedure is well established. The decision of Simler P in Elmore v Governors of Darland High School UKEAT/0209/16 emphasises that whether an appeal was fairly conducted is a matter of fact for the tribunal, which may apply a test of whether the procedure was fair overall

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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