The Employment Law & HR Podcast
Unfair Dismissal and failure to disclose misconduct: Episode 24

When can you dismiss an employee for failure to disclose misconduct in other employment?

In this episode of the podcast I tell you about a recent case in the Employment Appeal Tribunal where an employee was dismissed for failure to disclose misconduct after his employer found out about an allegation of misconduct in his other part-time job. The case is The Basildon Academies v Amadi.

In this episode you will learn

  • When an employee is obliged to disclose their own misconduct
  • Why it was unfair to dismiss an employee who failed to disclose allegations of misconduct
  • What the employer in this case could have done differently to justify a fair dismissal
  • What you can do to ensure your employees must disclose
  • When you should seek advice for your business


HR Best Practice Tip

The HR tip of the week is about ensuring that your employment contracts are fit for purpose and the needs of your business. The featured case serves as a reminder that inadequate contracts can be costly for employers.

In particular with many regular changes to the law it is important to review at least annually. For example there has been a recent change to the use of zero hour contracts which makes it unlawful to include an exclusivity clause in a zero hour contract.

Direct download: Episode_24.mp3
Category:general -- posted at: 3:27pm EST

Protection for a Whistleblower: Episode 23

When is a Whistleblower protected from Dismissal & Detriment?

In this episode of the podcast I tell you about a recent case in the Employment Tribunal where an employee resigned in response to his concerns not being taken seriously by his employer and where he alleged he had received detrimental treatment. The case is Newman v Riverside Building Supplies.

In this episode you will learn

  • What constitutes a protected disclosure for whistleblowing protection
  • When a disclosure is in the public interest
  • Why you should take employee concerns seriously
  • When you should seek advice

HR Best Practice Tip

The HR tip of the week is about ensuring managers and supervisors are aware of the limits of their authority to dismiss and discipline employees.

Podcast references

Nurmohamed v Chesterton Global Limited (Trading as Chestertons)

Direct download: Episode_23.mp3
Category:general -- posted at: 1:30am EST