Tim Russell Tim Russell - Employment Law Consultant  
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Precedents
See under Know How for the full Guide to Disciplinary and Grievance procedures under the Employment Act 2002 including alternative policies and suggested letters to and from employees.

Compromise Agreement, short form   More

Consultancy Agreement   More

Contract of Employment   More

Contract of Employment, short form   More

Dignity at Work Policy   More

Directors Service Agreement   More

Disciplinary and Grievance Policies   More

Equal Opportunities Policy   More

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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