Spring 2011 Newsletter


Content

Leading article...

Anything up his sleeve?

General tax...

Relaxed association

File under 'e'

Research costs?

Give early

A tax on houses

Pension changes

Holiday entitlement

EISy money

VAT...

20:20 vision

Horses for courses?

Do it yourself

That's entertainment

All in the contract?

Where am I?

Law items...

What's in a title?

The privileged few

Called to account

Don't mince words

Don't mince words


Employees have the right not to be unfairly dismissed. That means it's vital for an employer to follow the right procedures when sacking someone – particularly if disciplinary hearings are involved.

In a recent case, an employee was responsible for preparing bankings. She recorded giving £3,400 in cash to a courier, but the bank said it only received £400. She was suspended during an investigation, and the employer told her there would be a disciplinary hearing. Maybe because an allegation of dishonesty was considered so serious, they didn't state clearly that she was being accused of stealing – the hearing was only about 'discrepancies in banking'.

The Employment Appeals Tribunal held that this was unfair, and she might be entitled to compensation. If she had known what she was accused of, she might have presented a different defence. An employer has to be clear about what the employee is supposed to have done or not done, and whether this is considered to be due to poor performance or deliberate misconduct. Anything vaguer than that is likely to be unfair.