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Unfair dismissal—when non-decision-maker’s motivation will be attributed to employer (Kong v Gulf International Bank (UK) Ltd)

In an unfair dismissal case, the Jhuti exception, when the motivation of a non-decision-maker can be attributed to the employer when ascertaining the reason for dismissal, is narrow and exceptional and three features must be present for that exception to apply—1) the non-decision-maker must have sought to procure the dismissal for a proscribed reason, 2)… >>

26 September 2021

Email from employer to HR consultant was privileged as not iniquitous despite suggesting pre-determined decision to dismiss (Abbeyfield (Maidenhead) Society v Hart)

An email from an employer to its HR consultant, sent before an internal disciplinary appeal meeting, indicating a determination to dismiss a suspended employee come what may, was not iniquitous and therefore did not have to be disclosed. It did not fall within the iniquity exception to litigation privilege (which, where it applies, means that… >>

4 September 2021

BMA publishes sexism in medicine report

The British Medical Association (BMA) has published a report presenting the findings from the sexism in medicine survey. The BMA states that the results of the survey reflect that there are significant steps needed to achieve gender equality in medicine, as many continue to view medicine as a male profession. This is caused by a… >>

30 August 2021

Redundancy dismissals: tribunal says employer not obliged to continue to furlough staff

Following the decision in Mhindurwa v Lovingangels Care Ltd, in which an employment tribunal held that an employee, who was made redundant in the early months of the pandemic, was unfairly dismissed because her employer did not consider furloughing her, another tribunal has reached a different conclusion on a different set of facts. In Handley… >>

14 August 2021