Ms Nelson was a legal secretary. The day after she resigned from
Claphams she sent an email to her sister which ended with the words
"told everyone about what happened they were all appalled.
Telling everyone in Clarkston [where the firm is based] that I meet
and they are all disgusted....she'll be sorry....."
Almost a week after she had resigned, Claphams allowed Ms Nelson
to retract her resignation. A month later, the hard copy email was
discovered at a photocopier in the office and Ms Nelson was invited
to a meeting. She wasn't given prior notice of the allegations
or told about the potential outcome.
During the meeting Ms Nelson implied that someone had taken the
email from her handbag. She had written it in a fit of rage, she
said, but didn't apologise or retract her comments.
The firm concluded that Ms Nelson had been deliberately
dishonest about the email having been in her bag. There was a
breakdown of trust and she was dismissed.
The procedural failures meant that Ms Nelson won her unfair
dismissal claim at tribunal. But the tribunal reduced her
compensation by 80%. She appealed, arguing that comments made
during a disciplinary process did not justify this reduction.
Thomas Eggar LLP is a limited liability partnership
registered in England and Wales under registered number OC326278
whose registered office is at The Corn Exchange, Baffin's Lane,
Chichester, West Sussex, PO19 1GE (VAT number 991259583). The word
'partner' refers to a member of the LLP, or an employee or
consultant with equivalent standing and qualifications. A list of
the members of the LLP is displayed at the above address, together
with a list of those non-members who are designated as partners.
Regulated by the Solicitors Regulation Authority. Lexcel and
Investors in People accredited.
Thomas Eggar LLP is not authorised by the Financial
Services Authority. However, we are included on the register
maintained by the Financial Services Authority so that we can carry
on insurance mediation activity which is broadly the advising on,
selling and administering of insurance contracts. This part of our
business, including arrangements for complaints and redress if
something goes wrong, is regulated by the Solicitors Regulation
Authority. The register can be accessed via the Financial Services
Authority website. We can also provide certain further limited
investment services to clients if those services are incidental to
the professional services we have been engaged to provide as
Thesis Asset Management plc, our associated financial
services company, provides a comprehensive range of investment
services and advice. Thesis is owned by members of Thomas Eggar LLP
but is independent of and separate to it. No lawyer connected with
Thomas Eggar LLP provides services through Thesis as a practicing
lawyer regulated by the Solicitors Regulation Authority. Thesis is
authorised and regulated by the Financial Services Authority.
Thesis has its own framework of investor protection and
professional indemnity cover but Thesis clients do not enjoy the
statutory protection of solicitors' clients.
The contents of this article are intended as guidelines for
clients and other readers. It is not a substitute for considered
advice on specific issues. Consequently, we cannot accept any
responsibility for this information or for any errors or
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In October 2012, the Court of Appeal confirmed that a Service Provision Change ("SPC") TUPE transfer can only occur where the client who receives the service, before and after the change, remains the same (Hunter v McCarrick  EWCA Civ 1399).
Following much debate, on 24 April 2013 the House of Lords finally gave its approval to employee shareholder status which will now take effect from Autumn 2013.
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