Esther Marshall
Employment Advice
Employment law – even solicitors get it wrong sometimes!
A recent case in the West Midlands Employment Tribunal shows that employment law can be so complex that even solicitors make mistakes.
Esther Marshall, Senior Associate Solicitor in our Dispute Resolution department, said:
“In common with most employees, Ms Tsang had a clause in her contract of employment which obliged her to work at different locations if reasonably requested to do so by her employer. She herself conceded that her employer had a contractual right to move her. The issue in this case was how her employer went about it. They should have consulted in a meaningful way before the move. In the event that Ms Tsang still refused, then rather than summary dismissal, a proper disciplinary procedure should have been followed.
“The fact that the respondent in this case was a firm of solicitors, is testament to the fact that employment law can be a complex area. At Mullis & Peake our experience team can advise employers how to handle difficult situations with their staff, to try and avoid problems before they arise.”