Need to Know June 2010 - Employment law update

Welcome to the latest edition of Need to Know...

Career Loss Awarded for Breach of Contractual Disciplinary Proceedings

A recent Court of Appeal decision (Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2010] EWCA Civ 571) relates to the level of damages which can be claimed at common law for breach of a contractual disciplinary procedure. This case is very bad news for employers.

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FRC – New UK Corporate Governance Code

The Financial Reporting Council (FRC) has introduced a number of changes to the UK Corporate Governance Code, formerly the Combined Code, which apply to reporting periods beginning on or after 29 June 2010. The changes are designed to reinforce board quality and effectiveness; increase the accountability of directors to shareholders; and ensure companies focus on their business models and risk strategies.

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Employer incapable of starting capability procedure

In Mezey v South West London and St George's Mental Health NHS Trust, the Court of Appeal has upheld the decision that an employee may use an injunction to stop an employer from pursuing a disciplinary procedure in breach of contractual provisions.

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Employers can dismiss where employee had no warnings about previous similar conduct

Employers can become frustrated where employees who are, in their eyes, clearly in the wrong, but nevertheless successfully challenge a dismissal on the grounds that they did not have sufficient warning, or because the employer had not complied with all the steps of internal procedures. A recent case...

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Whistleblowing claims still actionable if protected disclosures made to previous employer

The recent EAT case of BP plc v Elstone (1) Petrotechnics (2) dealt with an unusual but important issue relating to whistleblowing.

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