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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 , in spite of detailed criticisms that a claimant may raise. It

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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