Hylton-Potts Law Blog

Legal Issues and Opinions affecting people from across the UK


Does Misconduct or Gross Misconduct Always result in Dismissal?

Question: My partner has recently been suspended from his job on full pay. We know the reason for his suspension, but his employer has not yet specified to him whether this will be considered to be either Misconduct or Gross Misconduct but it will likely be one of these. We are now worried sick that he is going to lose his job and due to the sacking, find it very difficult to find a new job as a result. What we would like to know is, does everyone who finds themselves in this situation usually lose their jobs? We are

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I found out a new employee is being paid more than me. I now have a Gross Misconduct hearing

Question: I recently read a spreadsheet which was in a shared file on the company Intranet. This detailed a new member of staff’s salary, which showed that they were going to be paid significantly more than me, even though I have been with the company for four years! I was so annoyed to find that there was such significant difference in salary, that I went and confronted my boss who said it was none of my business! I was also told I had no right to discuss what I had seen and that I should not have read the file

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Could my Employers actions be considered a form of Constructive Dismissal?

Question: My employer has always had a policy with me of paying a whole days pay when doing nights out and having to sleep in the cab when things go wrong. To be clear, these are unplanned nights out, as a posed to planned night shifts. The agreement that my company had with me was that if any of us had to stay out for the night, returning to the depot the following morning. They were entitled to receive full pay for that day; be it half an hour or 8 hours, they still got paid for the whole shift

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Can I be Sacked whilst on Sick Leave Covered by a Doctor’s Note?

Question: I have not been well recently and after a trip to the Doctors, I was signed off on the sick with a Doctor’s sick note for the past couple of weeks. I am now due to go back to work next week after having 3 weeks off in total. I received a letter through the post from my employer stating that I need to attend a disciplinary meeting 3 days before my Doctor’s note runs out. This has me worried now that I’m going to lose my job. Can they sack me for taking time off with a Doctor’s

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Can I be Sacked whilst on Sick Leave Covered by a Doctor's Note?

Question: I have not been well recently and after a trip to the Doctors, I was signed off on the sick with a Doctor’s sick note for the past couple of weeks. I am now due to go back to work next week after having 3 weeks off in total. I received a letter through the post from my employer stating that I need to attend a disciplinary meeting 3 days before my Doctor’s note runs out. This has me worried now that I’m going to lose my job. Can they sack me for taking time off with a Doctor’s

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Help! I lost my job after 8 years without any Written or Verbal Warnings

Question: I lost my job recently without any verbal or written warnings. I had been working for this company for 8 years and had been loyal to them and worked hard. So this was totally out of the blue and unexpected, to the point even colleagues, friends and family couldn’t believe what had happened as I loved my job. I have been told to take this to an employment tribunal, how much would this cost me and what would the likely outcome of this be? When I was dismissed, I was earning £18’000 a year. Answer: Dismissal without warning has

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My Daughter was Sacked from her Job after One Month for Being Late for Work

Question: My daughter has been working as a receptionist and for past month and really enjoyed her job. However, on Monday morning she overslept but rang in straight away to let her employers knows that she would be late to work. It was then that she was told to take day off and that the Manager would be in touch with her about what happened. He doesn’t actually work in office, so she had trouble getting in touch with him and tried for days to get hold of him. She left dozens of voice messages and texts to find out

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HARIES

  Judge McCreath made a serious mistake in jailing Tim Haries. I hereby publicly offer to select, brief and pay a top barrister to get him out. I work closely with Families need Fathers, and have supported Fathers 4 Justice for many years, and I have been through this agony myself. Lawyers must realise that whilst not being doctors, the work they do can affect lives, as much as doctors do, and by lawyers, I include judges. The Queen could, and never will, comment on this decision by a judge, but if ever there was a case for the dispensation

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A father has been refused custody of his motherless daughter by a High Court judge who ruled that ‘love is not enough’

The man, who is in his mid-30s, had asked to be given the right to care for his seven-year-old after her mother died suddenly. However, the judge decided that although he said he loved the girl, the father had neither the ‘understanding’ nor the ‘ability’ to meet her emotional needs after such a heartbreaking loss. ‘I do not doubt that in his own way he deeply loves his daughter,’ he said. ‘He may love her, as he did frequently say he loves her. Sadly, in life that is not enough. So fathers who want to gain a Residence Order (custody)

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Tweet and Contempt

This article appeared in the solicitors Journal on 30th January 2014 and is reproduced with their kind permission Making court advisory notes to the public is a sensible move but will the growing army of citizen journalists take any notice, asks Amber Melville-Brown Tweeters, bloggers, Facebookers beware: with great power comes great responsibility. And with the world at your fingertips at every stroke of the keyboard, you have great power. It has prompted Dominic Grieve QC, the Attorney General, to make court advisory notes – previously only issued to the mainstream media – available to the public on the UK.gov

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