- August 13, 2019
Applications for witness orders: opportunities to respond
Claimants and respondents in the employment tribunal should always think carefully before applying for the tribunal to use its power under rule 32 to order the attendance of a witness to give evidence. While it can be a powerful course of action, there is a significant risk that such a witness will be hostile and … Continue reading Applications for witness orders: opportunities to respond →
- December 5, 2018
Office banter: a dangerous path to tread?
There are some phrases which make an employment lawyer’s heart sink, and pride of place amongst them undoubtedly goes to “but it was just office banter”. Usually a signal that something offensive has indeed gone on within the workplace, it might be thought that short shrift is likely to be given to such a defence … Continue reading Office banter: a dangerous path to tread? →
- June 12, 2017
Lapsed disciplinary warnings and dismissal: a new approach
Everyone knows that it is always impermissible to take a lapsed warning into account when deciding whether to dismiss an employee. According to both the Court of Appeal and the Employment Appeal Tribunal, “everyone” is wrong. As set out in Stratford v Auto Trail VR Ltd UKEAT/0116/16, the position is actually far more nuanced than … Continue reading Lapsed disciplinary warnings and dismissal: a new approach →
