legal updates and movers & shakers ISSUE 143
www.thehrdirector.com
LEGAL UPDATES from the
HRDIRECTOR Editorial Panellist,
Makbool Javaid , partner, Simons Muirhead & Burton. They comprise employment law and diversity briefings, both of which provide the latest legal information affecting business.
In Folkestone Nursing Home Ltd v Patel, Mr Patel (P) was dismissed for gross misconduct, i.e. falsifying residents’ records and sleeping on duty. P appealed. The appeal was heard by Mr Shah (S). P said he was sleeping during his rest break and that he had been unable to complete the daily record sheets because of an interruption. S wrote to P stating that the decision to dismiss had been revoked because P was on an unpaid break when he was asleep, which was not working time and therefore there had been no breach of company rules. The letter also indicated that P would be contacted so arrangements could be made for him to return to work. P, however, did not return to work. He said that the letter was incomplete since it did not deal with the allegation that he had falsified records. He said he was dissatisfied with the reasoning given in the letter and was owed a full explanation. He brought a claim for unfair dismissal.
1
The ET addressed the issue of whether there had in fact been a dismissal because the decision to dismiss had been revoked. The ET decided there had been a dismissal on the basis that: (i) the appeal procedure sets out the right of appeal, but does not cover what happens if an appeal succeeds, and the letter itself had not been clear; and (ii) the letter amounted to an offer to P to return to work on an unspecified basis and left the significant issue of the second allegation undealt with. The employer appealed. FNH Ltd said that while the ET had been referred to case law it had not been made aware, in particular, of the EAT’s ruling in Salmon v Castlebeck Care (Teesdale) Ltd, which provides the authority for contending that the ET’s reasons for holding that the appeal did not revive the contract were incorrect.
The Salmon judgment showed that there was no requirement for the appeals procedure expressly to give the right to reinstate or impose any particular sanction. It was implicit that the appeal could overturn the dismissal and revive the contract. In addition, the decision did not need to be communicated at all for it to have the effect of reviving the contract. In any event, FNH Ltd asserted that the decision was communicated in P’s case and the words were clear enough to make it plain that the dismissal decision had been revoked. The EAT agreed. The letter advising P of the outcome of the appeal clearly stated that the decision to dismiss had been revoked. Therefore, P’s contract of employment was revived, he was entitled to start work again and he was entitled to back pay. In such circumstances, no further communication was necessary. It therefore followed that P had not been dismissed.
The Acas Disciplinary Code is silent on the issue of whether to set out the range of possible appeal outcomes in an appeals procedure. However, page 34 of the Acas Guide states that an appeals procedure “should spell out what action may be taken by those hearing the appeal”. To avoid any confusion over the status of appeal decisions, employers may wish to review their procedure to ensure Acas guidance is being followed, taking legal advice on the content of any existing, or proposed new, wording.
2
MOVERS KENNETH LEE
Executive Director of Human Resources - University of Central Lancashire (UCLan)
University of Central Lancashire (UCLan) has appointed Kenneth Lee as its new Executive Director of Human Resources. He joins the University from BBC North where he has been HR Director since September 2008, leading the corporation’s HR agenda during and after the £800m implementation of the new BBC North organisation. Prior to this he worked in senior HR roles for HBOS, Halifax and British Aerospace.
KATE BEARDMORE HR Director - Synectics Solutions
Kate Beardmore has been appointed as the new HR Director of Synectics Solutions. Kate is the eldest daughter of company founders Carol and Kevin Shanahan and has been a part of the family-owned company right from the beginning but officially joined ten years ago. She therefore understands the importance of the values that are intrinsic to the culture of Synectics Solutions.
JOHN WRIGHTHOUSE
Group Human Resources and Communications Director - First Utility
John Wrighthouse has been appointed Group Human Resources and Communications Director at First Utility, a newly-created position, with responsibility for coordinating the firm's sustainability and CSR strategy. His previous role was Group HR Director at Nationwide Building Society, and prior to that post, Group HR Director at American Greetings, Non-Executive Director of the UK Charity Guide Dogs for the Blind and a Director of the Nationwide Pension Fund Trustees.
SURESH BANARSE Global HR Director - Gaucho
To see full updates, movers & shakers and much more, please visit our website
www.thehrdirector.com
6 thehrdirector SEPTEMBER 2016
The Argentinian themed restaurant chain Gaucho has appointed Suresh Banarse as Global HR Director. He joins the business from Japanese-inspired restaurant chain YO! Sushi, where he was People Director for over eight and a half years and prior to that, he worked at GAME as Head of Recruitment and Training.
This issue we report on some moving & shaking across a broad range of sectors.
&
SHAKERS
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56
