Legal guidance

All items: Employment disputes

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

    Date:
    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

    Date:
    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.

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