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 […]
Despite the Statutory Dismissal Procedure (SDP) being repealed in April 2009 for dismissals where the dismissal procedure had not commenced before 6 April 2009, another case about whether the procedure has been breached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 […]
ACAS have commissioned a study on the ACAS Code of Practice on Disciplinary and Grievance Procedures which was implemented in April 2009 after the repeal of the Statutory Disciplinary and Grievance Procedures formerly contained in the Employment Act 2002 and Employment Act 2002 (Dispute Resolution) Regulations 2004. You can read the findings here. Section […]
The EAT in the case of Mr J Fasuyi and Compass Contract Services (UK) Ltd have clarified that the raising of a grievance in a constructive dismissal case (in this case, by way of a petition of staff) does not affirm the contract (as found by the Tribunal) but is purely what it says on […]
In the case of Mrs J A Fitzgerald – v – The Governors of Birdwell Primary School the EAT upheld the employee’s claim for unfair dismissal as the employer had failed to comply with the Statutory Disciplinary and Dismissal Procedure. The EAT identified that whilst the employer had invited the employee to attend a Step […]
For those who dream of escaping to sunnier climes, it’s often worth remembering that some of the stuff we take for granted in the UK does not hold good abroad. In the UK for example if you are made redundant 95% of employers follow some sort of procedure to manage the reduction in a fair […]
Although the SDP has now been repealed, it is still not dead and burried. We will continue to see appeal cases for some time yet. The EAT has published one such case today, which holds that where an employee appeals outside of the time limit contained in the employer’s disciplinary procedure, that delay in appealing […]
In the recent case of Philips Electronics UK Limited T/A Philips Lighting v Mr D Miller the EAT upheld the ET’s decision that Mr Miller’s dismissal was unfair. Mr Miller was a machine operative who had been involved in an altercation with his employer and admitted to having been verbally abusive. Mr Miller was subsequently […]
The EAT in Abbey National PLC v Fairbrother (relating to an employee raising a grievance when, amongst other things, colleagues referred to her as Frau Fairbrother and made Nazi salutes to her after she gave detailed instructions to colleagues about how to perform some work) have held that when considering an Unfair (Constructive) Dismissal claim following a resignation […]
The EAT have handed down their Judgment in Ingram v Bristol Street Parts in which it was held (although technically not binding on other Courts and Tribunals) that even if an employee has been automatically unfairly dismissed by virtue of the employer’s failure to follow the statutory dismissal procedure, it is still possible for the compensatory […]
