Capability and conduct dismissals

Can the Employment Tribunal “go behind' a final written warning? Madeleine Shields reports on a recent Employment Appeal Tribunal ruling. Read more
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Oct 07, 2021

£95,000 pay-off approved by Council leader, exceeding his authority

Pembrokeshire County Council’s leader exceeded his authority when he approved a £95,000 pay-off to the council’s former chief executive, a report by the authority's deputy monitoring officer has found.
Sep 23, 2021

Council secures anti-harassment injunction in High Court against landlord who waged “deliberately offensive” campaign against councillors, lawyers and other officers

A Deputy High Court judge has granted Ashford Borough Council a final anti-harassment injunction against a large-scale landlord who engaged in a campaign of “repetitive, frequent, oppressive and offensive correspondence”.
Sep 23, 2021

District censures councillor after upholding complaints from senior officers and other councillors

Maldon District Council has warned a councillor who said he wanted to wear its censure letter to him as a hat.
Sep 23, 2021

Leader calls on Government to intervene in council over governance issues

Thanet District Council’s leader has taken the rare step of asking the Government to intervene to resolve its governance problems.
Sep 16, 2021

Senior council officer convicted of ‘phantom employee’ fraud

A former senior council officer who is also a solicitor has been convicted of fraud against Oadby & Wigston District Council and a local cancer charity.
Sep 08, 2021

Welsh council loses appeal over unfair dismissal claims brought by PE teachers affected by school reorganisation

Gwynedd Council has lost a Court of Appeal case over the redundancy of two physical education teachers after a school reorganisation.
Aug 16, 2021

Information watchdog calls for views on employment practices and data protection

The Information Commissioner’s Office has issued a call for views as it looks to update its Employment Practices guidance.
Jul 19, 2021

Senior council officer fails in harassment claim against local blogger

A series of “unpleasant, personally critical publications” by a blogger about a senior local government officer did not found a successful claim for harassment under the Protection from Harassment Act 1997, a High Court judge has ruled.
Jun 29, 2021

Judge allows employment tribunal appeal in case where nurse was fired for not working weekends

A judge has allowed an appeal from a community nurse who claimed unfair dismissal and indirect sex discrimination after being sacked for not agreeing to work weekends.
Jun 04, 2021

“Increasingly complex” disciplinary and grievance proceedings to result in almost £700k rise in estimated legal spend for council, finance director report says

The cost of external legal advice in ongoing disciplinary and grievance proceedings at Thanet District Council has risen from an initial spend of £40,000 to an estimated total cost of between £697,000 and £733,000, a report from the local authority's Director of Finance has revealed.


October 07, 2021

List of issues

Peter Doughty looks at the lessons from a recent Employment Appeal Tribunal judgment around the list of issues.
September 30, 2021

Employment Tribunal cases considering the risks posed by the COVID pandemic

Nick Murrell discusses two non-binding employment tribunal decisions concerning measures to protect pregnant workers during the pandemic and the dismissal of an employee who refuses to obey a management instruction due to COVID-related risks being automatically unfair.
September 16, 2021

Asserting a statutory right

Peter Doughty examines the protection under s.104 Employment Rights 1996 (ERA) afforded to an employee from being dismissed for asserting a statutory right.
September 02, 2021

Staying away from work because of Covid: a trap for employers?

Hari Menon looks at the problems that arise for employers where an employee stays away from work, pointing to the risks to his health from potentially contracting Covid.
September 02, 2021

Auxiliary aids and reasonable adjustments: a reminder

Charles Pigott considers the lessons of a recent ruling on the third element of the duty to make adjustments.
August 26, 2021

Long COVID: What is it and how should employers deal with it?

Andrew Rayment, Laura McLellan and Kendel Shepherd look at the issues created by Long Covid and set out some practical steps for employers.
August 19, 2021

Discrimination claims: the burden of proof

The Supreme Court has confirmed that claimants bear the initial burden of proof to establish a prima facie case in discrimination claims. Hilary Larter, Zoë Wigan and Ceri Fuller examine the ruling.
August 05, 2021

Some other substantial reason

Peter Doughty looks at the lessons to be learned from a recent Inner House Court of Session case on 'some other substantial reason'.


Jun 01, 2021

Government issues criteria to be considered for public sector severance payments  

HM Treasury has issued guidance detailing the criteria that public sector employers should consider before proposing a “Special Severance Payment”.
May 26, 2021

Senior officers threaten defamation action against councillors over remarks at meeting on staff transfer

Two Bristol councillors have said they face defamation actions from senior council officers over remarks made at a meeting considering a staff reorganisation.
May 18, 2021

New 'Core Code of Ethics' launched for fire and rescue services

A new Core Code of Ethics for fire and rescue services (FRS) has been launched by the Local Government Association, the National Fire Chiefs Council and the Association of Police and Crime Commissioners.
Apr 27, 2021

Civil servants union given green light for judicial review challenge over decision by Prime Minister that Home Secretary did not break Ministerial Code

The First Division Association has been given permission to bring a judicial review challenge over the Prime Minister’s decision that Home Secretary Priti Patel did not break the Ministerial Code in her treatment of civil servants.
Apr 21, 2021

Council leader defends his conduct after public interest report into pay-off of former chief executive

City of York Council’s Leader has been criticised in a public interest report by auditor Mazars over how former chief executive Mary Weastell came to receive a £377,118 pay off.
Apr 15, 2021

Government consults on requiring care home workers to have Covid-19 vaccination

The Government has launched a five-week consultation on requiring care home providers, caring for older adults, to deploy only those workers who have received their COVID-19 vaccination.
Mar 23, 2021

HMCTS rolls out on-site rapid testing at four more courts

HM Courts & Tribunals Service (HMCTS) will from this week offer voluntary on-site rapid testing at four courts to people who attend scheduled hearings and are not showing symptoms of COVID-19.
Mar 19, 2021

High Court dismisses £600k+ damages claim brought by ex-employee against council over fundamental dishonesty

A High Court Master has thrown out a £600,000-plus damages claim for personal injury and loss of earnings brought by a former employee of the London Borough of Haringey after she was assaulted by a service user with learning difficulties in a facility operated by the council.
Mar 19, 2021

Supreme Court rules employers do not have to pay care workers national minimum wage for sleep-in shifts

The Supreme Court has dismissed appeals to pay two care workers the National Minimum Wage (NMW) for hours in which they are required to sleep on-site during overnight shifts.
Mar 12, 2021

Supreme Court to rule next week on ‘sleep in’ care workers and national minimum wage

The Supreme Court will next week hand down its ruling on whether home workers who are required to remain at home in their shift and/or residential care workers who ‘sleep in’ are entitled to the national minimum wage for time that is not spent actually performing some specific activity.
Mar 09, 2021

LLG and ALACE withdraw legal claim after Government commits to revocation of exit payment cap regulations

LLG (Lawyers in Local Government) and ALACE (the Association of Local Authority Chief Executives and Senior Managers) have confirmed they will be withdrawing their judicial review claim ahead of the revocation of the Restriction of Public Sector Exit Payments Regulations 2020 on 19 March.
Mar 04, 2021

Court of Appeal rejects appeal by ex-magistrate over dismissal for views on adoption by same-sex couple

A magistrate and NHS trust board member who was dismissed over his views - based on his beliefs as a Christian - about the appropriateness of the adoption of a child by a same-sex couple, has lost two cases in the Court of Appeal.
Mar 02, 2021

Administrating authority for Greater Manchester Pension Fund to procure legal advice framework

Tameside Metropolitan Borough Council, the administrating authority for the Greater Manchester Pension Fund, has begun the procurement of a legal advice framework.
Mar 01, 2021

Welsh Government consults on draft Bill putting partnership working on formal footing

The Welsh Government has launched a consultation on a new Bill intended to put partnership working on a formal footing to improve work in Wales.
Feb 22, 2021

Civil servants union launches legal challenge over decision by PM that Home Secretary did not breach ministerial code in ‘bullying’ case

The First Division Association has launched a legal challenge to the Prime Minister’s decision that the Home Secretary did not breach the Ministerial Code.
Feb 19, 2021

Supreme Court dismisses Uber appeal, rules drivers are ‘workers’

The Supreme Court has dismissed an appeal by the ride-sharing company Uber over an employment court's decision that Uber drivers were working under worker's contracts for the company.
Feb 15, 2021

Union ballots members in 12 courts on possible strike over Covid-19 and workplace safety concerns

The PCS union is balloting members in 12 courts over what it claims is HM Courts and Tribunals Service management’s “failure to act to address serious and significant health and safety concerns”.
Feb 12, 2021

Government backtracks on public sector exit cap

The Government has revoked the £95,000 cap on severance payments for public sector employees introduced last November after a review found that the measure had created “unintended consequences”.
Feb 11, 2021

London borough changes constitution ahead of reported move to suspend quartet of senior officers

The London Borough of Croydon changed its constitution to resolve a conflict on senior staff suspensions immediately before four such officers were reported to have been suspended.
Jan 29, 2021

Hugh James strengthens public sector employment offering with senior associate hire

Hugh James has bolstered its employment team with the hire of public services specialist Christine Bradbury as a Senior Associate.
Jan 28, 2021

Town council facing judicial review over handling of staff grievances

Three members of Andover Town Council are expected to issue a judicial review challenge against it in a complex dispute over staffing and the conduct of meetings.
Jan 26, 2021

Thirty-one Met Police officers face £200 fixed penalty after breaching Covid-19 regulations with haircut at station

A group of 31 Metropolitan Police officers are facing a £200 fixed penalty notice after breaching Covid-19 regulations while on duty, the police force has revealed.
Jan 08, 2021

Judicial review over exit pay cap regulations to be heard in second half of March

The High Court is to hear the judicial review challenge being brought by LLG (Lawyers in Local Government) and ALACE (the Association of Local Authority Chief Executives and Senior Managers) over the Exit Payment Cap Regulations in the second half of March.
Jan 04, 2021

Council wins appeal over finding of negligence over personal injuries suffered by teaching assistant

A county council has won an appeal over a ruling that it was liable in negligence for personal injuries suffered by a teaching assistant.
Dec 22, 2020

High Court gives green light for judicial review over exit payment cap regulations

A High Court judge has given LLG (Lawyers in Local Government) and ALACE (the Association of Local Authority Chief Executives and Senior Managers) permission to bring a judicial review challenge over the Exit Payment Cap Regulations.


July 29, 2021

IR35 and off-payroll workers

The following LexisNexis Tax practice note, produced in partnership with David Smith of DLA Piper, explains the IR35 regime which applies where either a public authority or a private sector entity engages a worker via an intermediary.
July 26, 2021

Local government pension scheme exit credits

Doug Mullen and Michelle Knight discuss the recent judicial review of regulations changing the regime governing exit credits in the local government pension scheme.
July 22, 2021

Accusations in judgments of misconduct

A social worker has recently been awarded damages by the European Court of Human Rights for unfair accusations of professional misconduct. Charlotte Gilmartin analyses the ruling.
July 22, 2021

Why insisting on flexible hours could discriminate against women

Two recent cases from the Employment Appeal Tribunal illustrate some potential pitfalls when women with childcare responsibilities are asked to move away from fixed working hours, writes Charles Pigott.
July 15, 2021

What next for Special Severance Payments?

Recent Government guidance on Special Severance Payments goes further than before, writes Kerren Daly.
July 15, 2021

Reporting restrictions in end of life cases

Rosalind English analyses an important High Court ruling on anonymity for treating clinicians in 'end of life' cases.
July 01, 2021

No more reward without risk

Nigel Bolton and Philip Woolham look at the lessons to be learned from an important High Court judgment for local authorities and contractors on pension exit credits.
July 01, 2021

Gender-critical views are a protected "philosophical belief" under the Equality Act 2010

Jane Fielding and Connie Cliff consider what a recent high-profile ruling on gender-critical views means in practice.
June 24, 2021

New guidance on special severance payments

The Treasury has issued new guidance which relates to 'Special Severance Payments' (SSPs) made by public sector employers to their employees, setting out the criteria that should be considered and steps to take to obtain Treasury approval. Mark Stevens reports.
June 03, 2021

Defining disability for neurodivergent individuals

A recent decision from the Employment Appeal Tribunal involving a worker diagnosed with Asperger’s syndrome offers new guidance on the correct approach to assessing whether workers with neurological impairments are protected by the Equality Act, writes Charles Pigott.
May 31, 2021

High Court rejects legal challenge by contractors over retrospective extinction of "exit credits"

A High Court judge has rejected a judicial review challenge over the lawfulness of regulations that extinguished contractors’ right to Local Government Pension Scheme “exit credits” with retrospective effect.
April 29, 2021

TUPE: Splitting employees’ contracts after a service provision change

In a case which leaves practical difficulties, the Employment Appeal Tribunal has confirmed that employees’ contracts can be split between multiple transferees on a service provision change, write Zoë Wigan, Hilary Larter and Ceri Fuller.
March 19, 2021

Constraints on the right to express religious beliefs

A Christian man was dismissed from his posts as a non-executive director and a magistrate for expressing his views on homosexuality and same-sex couple adoption in public - was this considered discrimination? Lorna Scully analyses recent Court of Appeal rulings.
March 08, 2021

Covid testing in schools and data protection

Neil Murphy examines the data protection issues that arise with the return to school and the prospect of on-site tests for Covid.
March 04, 2021

Employment law: Terminated! Are you sure?

Jeanette Wheeler, Sonya O’Reilly and Clare Barlow discuss effective notice to terminate employment. Also discussed: the newly confirmed employment status of Uber drivers and public sector exit pay.
February 25, 2021

Uber: where next

Philip Kolvin QC looks at the likely fallout from the Supreme Court's ruling on whether Uber drivers were 'workers'.
February 21, 2021

Proving or disproving disability

Amy Stroud considers some of the issues concerning the operation of section 6 of the Equality Act 2010, particularly around mental impairment, that have arisen in the Employment Appeal Tribunal in recent times.
February 19, 2021

The COVID-19 vaccine and employees

Can employers require employees to be vaccinated? Joanne Bell and Louise Bloomfield consider some o the legal issues.
February 16, 2021

The LLG Grapevine 16th February

This week Deborah Evans, Dennis Hall and Helen McGrath discuss the Exit Payment Cap Revocation, Working from Home Securely, Elections, Remote Scrutiny Reviews, the LSB Covid Dashboard, the Domestic Abuse Bill, Devolution, CPD Reform and the Cumbria Coalmine.
December 11, 2020

Can you legally record video meetings?

Whilst video-conferencing via Zoom or Teams etc has allowed us to carry out our business relatively uninterrupted, they have also presented organisations with a new set of privacy considerations to take into account, writes Bronwen Jones.