Employment News - March 2017 #4

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Lack of communication – contractual dismissal notice only took effect when received

In Newcastle Upon Tyne NHS Foundation Trust v Haywood the Court of Appeal has decided that contractual notice of dismissal only took effect when it was actually communicated to or received by the employee. Where a termination letter was not received by an employee until she returned from holiday, notice only began to run at that point. 

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Some stones unturned – but employer had done enough investigation into misconduct allegation

The EAT in Moncrieffe v London Underground Limited found that despite the employer's failure to interview two potential witnesses, there had been a reasonable investigation into an allegation of misconduct. The EAT commented that the principle that the gravity of the consequences for the employee have to be taken into account when assessing the reasonableness of an investigation applies regardless of the nature of the employee's work. 

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Employment New Year – changes taking effect next month

Several employment changes take effect from April, including the start of gender pay gap reporting.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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