Dentons - UK People, Reward and Mobility Newsletter

How to deal with employees convicted of a criminal offence in light of the decision in Lafferty v. Nuffield Health

March 26, 2020

The Employment Appeals Tribunal found it was fair to dismiss an employee on the basis of a risk to reputation when the employee was charged with a criminal offence where there was a close connection between the offence and the employee's duties. This article explores the issues raised by this case in the broader context of dealing with such employees before leaving you with some key points to consider.

Is an employer liable when rebutting whistleblowing allegations?

March 26, 2020

Whistleblowers are entitled to two levels of protection in the workplace. Firstly, the dismissal of an employee will be automatically unfair if the reason (or principal reason) for the dismissal is that they have made a "protected disclosure". Secondly, workers (not just employees) are protected from any detriment made against them on the ground that they have made a "protected disclosure".

Advocate General opinion on entitlement to paid annual leave between dismissal and reinstatement for unfair dismissal

March 26, 2020

An Advocate General of the Court of Justice of the European Union (ECJ) has published his opinion in the cases of QH v. Varhoven kasatsionen sad na Republika Bulgaria and CV v. Iccrea Banca SpA Istituto Centrale del Credito Cooperativo. These cases seek a ruling on whether a worker should be entitled to paid annual leave from the date of dismissal to the date of reinstatement where it was established that their dismissal was unlawful.