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Resignation during the disciplinary process

As a general rule, employees going through disciplinary processes which may lead to their dismissal are usually better to wait and see what the outcome is rather than preemptively resign. The thinking behind this advice is that it is only possible to claim unfair dismissal if you have actually been dismissed. If you chose to jump … Read more

Can a single negative comment be discrimination?

There are several notable employment law cases which deal with whether or not a single remark can constitute dismissal. In Richmond Pharmacology v Dhaliwal [2009] UKEAT it was held that a remark made to a Claimant about the possibility of her being “married off in India” was capable of violating her dignity and did constitute … Read more

Gross Misconduct and the Burchell Test

British Home Stores Ltd v Burchell [1978] IRLR 379 is one of the most well known and often cited employment law cases.  It sets out the test by which Employment Tribunals can decide whether employers have acted reasonably in dismissing employees for misconduct and capability issues. In terms of misconduct, the Burchell case could be … Read more

What happens once I submit my case to the Employment Tribunal?

Submitting your claim Once your claim is submitted (ET1 claim form),  the Respondent is formally advised of the details of your claim and then has 28 days to submit their defence to your claim (ET3 Response). Preliminary Hearing Once their defence has been received, a Preliminary Hearing will normally be scheduled. During Preliminary Hearings (which … Read more

Making A Flexible Working Application

Previously flexible working requests were limited to those employees with children. Nowadays, any person who has employed for 26 weeks for the same company is entitled to make a flexible working request. Request can be made informally or formally as statutory requests. Why make an informal request? If you have not worked for your employer … Read more

Flexible Working Hours to Suit your Lifestyle

A recent change in the law (Employment Rights Act 1996) has given UK employees a legal right to request their employers for flexible working hours. This right is available to the employee after 26 weeks of employment service. If the employer declines the request he is under a legal duty to give a legitimate reason … Read more