Tim Russell Tim Russell - Employment Law Consultant  
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A Full Overview and Guide to UK Employment Law

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Employment Tribunals Guide 2008

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Restrictive Covenants and Garden Leave

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Statutory Disciplinary and Grievance Procedures

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Strategies for Dismissing Senior Executives

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The Issue of Misconduct

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Wrongful Dismissal - Guide for Employees and Template Calculations

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Case of the Month
  5/2008
Kurzel v Roche
In Kurzel v Roche the Court of Appeal played down the importance of the "shifting burden of proof" in unfair dismissal cases. It is clearly for an employer to show a potentially fair reason for dismissing an employee and this is going to be more difficult if the employee produces some evidence of a different reason. However the burden of proof does not shift to the employee and it is a reminder that both employer and employee should have good evidence as to why they think the dismissal took place.
 
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