Employment Snapshot: April 2024
Tuesday 30th April 2024
Welcome to the Employment Team’s latest update
This month we cover:
- A new statutory Code of Practice on Dismissal and Re-engagement that comes into effect from July;
- A recent Employment Appeal Tribunal decision upheld on unfair dismissal despite a ‘zero tolerance policy’; and,
- An Employment Appeal Tribunal decision on disability discrimination.
Scroll down to learn more…
Fire and rehire: New statutory code of practice on dismissal and re-engagement comes into effect from July 2024
The amended Code and explanatory memorandum have now been approved by Parliament. The Code now seeks to ensure that ‘fire and rehire’ is only used as a last resort from employers, rather than a negotiation tactic. Employers will therefore be required to explore alternative options and properly consult employees before raising the prospect of dismissal.
Zero tolerance: Employment Appeal Tribunal decision on unfair dismissal and the band of reasonable responses
The Employment Appeal Tribunal (EAT) have upheld an appeal against a tribunal’s decision that an employee’s dismissal was unfair, stating that, notwithstanding the harshness of the employer’s decision, dismissal for the employee’s actions was within the band of reasonable responses.
Disability discrimination: Employment Appeal Tribunal decision on disability discrimination and the dangers of not engaging with relevant issues
The Employment Appeal Tribunal (EAT) have upheld an appeal against a tribunal’s decision that an employee was not disabled. In doing so, the EAT highlights the dangers associated with not engaging with relevant issues that arise for determination.
For more information on the topics, or any other general HR and employment matters, speak to a member of our team.
