Retirement Security Ltd v Wilson

Last week we looked at redundancy and suitable alternative employment. This case concerns constructive dismissal and disciplinary procedures. The question this week is below, but really the case is a what-not-to-do during disciplinary investigations! Can an unreasonable disciplinary investigation amount to a breach of the implied term of trust and confidence? Retirement Security Ltd, the [...]

Zero Hours Contracts – Right to Average Pay Whilst Suspended

Hello and welcome back to your monthly employment law update. Last month’s update had features on the World Cup, dress code & religious discrimination guidance and prisoners plugging the post-Brexit labour shortage. Meanwhile, last week’s case law update had two cases on trade union issues. We have a comprehensive update this month with some rather […]

What Happened Over Christmas Part 1: Wagamama and sick leave

Welcome back Philip! We hope you all had a great Christmas and that the post-Christmas comedown (and Quality Street deprivation) haven’t been too tough this week. To see out the week we have our first update of the year. What with all the presents, mince pies, cheese boards, festive drinks and good telly over the […]

By |2019-12-26T15:11:19+00:00January 5th, 2018|Disciplinary Procedures, Unfair Dismissal|0 Comments

Can a dismissal be fair if investigation is based on previous misconduct incidents?

NHS 24 v Pillar Hello and welcome back to your case law update. First off, after a glut of cases covered in September, we were unable to send out an update the past two weeks due to a dearth of relevant cases. Thankfully, that shortage is over now and we hope your updates can resume […]

Case Law – Sacked for not reporting the birth of royal baby

A recent ET case concerning final written warnings raised a few ears this month due to the nature of the case. Chandana Bandara, the Claimant, was a producer for BBC Sri Lanka with 18 years’ service and no prior disciplinary issues. Upon the birth of Prince George in 2013 he decided to prioritise reporting the […]

By |2019-12-27T18:22:31+00:00September 30th, 2016|Disciplinary Procedures, Unfair Dismissal|0 Comments

Sam Allardyce – Bribery, corruption and consistent disciplinary sanctions

  It seems not a month goes by where football regulatory authorities aren’t linked to some sort of corruption scandal. This week new England Manager, Sam Allardyce, was reported to have met with undercover journalists disguised as businessmen allegedly to advise them on how to circumnavigate player ownership rules in exchange for £400,000.00. The fee […]

By |2019-12-27T17:17:49+00:00September 27th, 2016|Disciplinary Procedures, PJH & Industry News|0 Comments

Brighton v Tesco Stores Ltd – Can medical evidence produced by a Claimant be ignored?

Good morning and welcome back to our weekly case law update. Last week we had a two for one on case law, and, whilst we’re talking about two for one deals, how about a ticket to our employment update AND a bacon roll, for free!! Due to popular demand our 14th Annual Employment Law Update now […]

Living wage – Government minister grasses up cleaners

Cleaners who work for the Foreign Office have been put on disciplinary action after a letter they went to Foreign Secretary, Phillip Hammond was forwarded to their employer, Interserve. The letter signed by 14 cleaners requested that their low pay be raised to the living wage which is calculated at £9.15 in London. They then […]

Now Motor Retailing Ltd v Mulvihill

  It’s September which means autumn has begun and rather than spend our evenings at barbecues we stay in and watch telly. Speaking of which todays case has its fair share of drama, alcohol and bullying. Today’s questions: Can you suspend an employee for his conduct after allegations are made against him during an investigation […]

CP Regents Park Two Ltd v Ilyas

Hello again, we are back with another case fresh from the judge’s mouth. This week’s case concerns stealing and racial discrimination. The question this week is: When an employee is caught stealing is it ok to investigate employees of the same race/nationality? The Claimant, Mr Ilyas, was a receptionist for the Respondent, CP Regents Park […]

Liakopoulou v Christie Hospital NHS Foundation Trust

I have tweaked. Liakopoulou v Christie Hospital NHS Foundation Trust In light of recent events involving Chelsea and West Ham fans on trains this week we would like to highlight a recent case of the week we published involving gross misconduct outside of work time. This week’s case also involves gross misconduct. The question this […]

Dismissal of a mentally ill employee without an OH report – fair or unfair?

The Tribunal, in the case of Mr Daniels v BT, found that he had been unfairly dismissed for gross misconduct because BT did not act on the doctor’s recommendation and seek occupational health advice (Mr Daniels having a history of mental illness).  The EAT have dismissed the appeal and found that this was a matter […]

Dismissal – management notes during disciplinary process

  The EAT case of Mr Halliday and Laurent Perrier (UK) Ltd is interesting as the EAT comments on inferences to be drawn/weight to be given to management notes made during a disciplinary process. Mr Halliday, a salesman for LP, was dismissed for failure to complete paperwork.  He claimed this was connected to his dyslexia […]

By |2019-12-27T19:08:17+00:00September 9th, 2011|Disciplinary Procedures, Unfair Dismissal|0 Comments

Statutory Dismissal Procedure

Despite the Statutory Dismissal Procedure (SDP) being repealed in April 2009 for dismissals where the dismissal procedure had not commenced before 6 April 2009, another case about whether the procedure has been breached has just been handed down by the EAT. The EAT upheld a Tribunal’s decision that a failure to provide the employee with two […]

By |2019-12-27T19:08:39+00:00September 2nd, 2011|Disciplinary Procedures, Unfair Dismissal|0 Comments