We look at a wrongful dismissal arising from a workplace assault, the appropriate timing of meaningful individual redundancy consultation and the need to disclose draft workplace investigations within ET proceedings. We also explore the ICO’s new draft guidance regarding monitoring at work and highlight other recent employment law cases and HR news from the last month.

Recent employment cases

Wrongful dismissal: when faced with two employees dismissed for their involvement in a workplace assault, was it perverse for an employment tribunal to hold that one of them had been wrongfully dismissed?

The EAT has held that an employment tribunal was entitled to hold that an employee who witnessed a workplace assault, and failed to intervene and/or report it, had been wrongfully dismissed; his actions did not amount to an act of gross misconduct justifying his dismissal without notice. Read more...

Redundancy: consultation should take place at a time when the employee can potentially influence the outcome

The EAT has held that an employee was unfairly dismissed for redundancy because the employer had made key decisions about selection criteria before commencing consultation and this led to the ‘automatic’ selection of the employee. The employer should have started consultation at a time when the employee could influence the outcome. Read more...

Flexible working: discrimination claim arising from rejection of flexible working request after return from maternity leave

An employment...

Read Full Story: https://news.google.com/__i/rss/rd/articles/CBMiU2h0dHBzOi8vd3d3LmxleG9sb2d5L...