Legal guidance

All items: Employment disputes

  • Recruitment agency held liable after MD punches colleague

    15 October 2018

    A recruitment agency has been held vicariously liable for the actions of its managing director after he punched someone and caused them brain damage at a Christmas party.

  • The case for an independent labour standards agency

    12 October 2018

    Consultant editor Darren Newman considers the current system of labour standards enforcement and suggests that the Government could play a more proactive role.

  • How employers should deal with employment tribunal delays

    24 September 2018

    As the sharp increase in employment tribunal claims pushes the system to breaking point, Melanie Stancliffe explains how delays affect employers - and what they can do about it.

  • Why the BHS v Burchell decision is still relevant 40 years on

    21 June 2018

    In 1978, in British Home Stores v Burchell, the Employment Appeal Tribunal outlined several factors that should be considered when deciding whether dismissal for misconduct was fair or unfair. On its 40th anniversary, Fieldfisher's James Medhurst discusses why the case remains relevant today.

  • Pre-termination negotiations

    9 April 2014

    Many employers will recognise the appeal of being able to agree a termination settlement with an unsatisfactory employee rather than having to go through a lengthy disciplinary or performance improvement procedure. However, employers may be concerned that, by entering into negotiations, they will put themselves at risk of an unfair dismissal claim at the outset. In this article, we explain the legal context and effect of s.111A of the Employment Rights Act 1996, which aims to exclude evidence of "pre-termination negotiations" from unfair dismissal claims.

About this category

Legal guidance: HR and legal information and guidance relating to employment disputes.