Unfair Dismissal
Introduction Hello and welcome to our case of the week. We have another Covid case today. This one raises some interesting questions about employers’ liability in respects of a safe working environment. Facts The Claimant (Mr Rodgers) was employed by the Respondent (Leeds Laser Cutting Limited). He worked in a large warehouse with around 5 [...]
Hello and welcome to our monthly newsletter. It’s been an interesting month in employment law, with two decisions from the Supreme Court. The first found that Uber drivers are workers and are therefore entitled to holiday pay and the national minimum wage. The second (covered below) concerns the national minimum wage in the context of [...]
Dismissal for not Wearing a Face Mask was Fair The first of what is sure to be a perplexing raft of litigation about face masks has landed. Mr. Kubilius was a lorry driver for Kent Foods (KF). KF’s biggest customer was Tate & Lyle (accounting for roughly 90% of its work). KF’s employee handbook stated [...]
University Lecturer Called ‘mad as a box of frogs’ Claims Constructive Dismissal Introduction Hello all and welcome back to our weekly case law update. This week’s case looks at an employment law and HR lecturer who was awarded £168,000 for a constructive unfair dismissal and disability claim. Facts Mrs. E Aylott was employed by BPP [...]
Postman Fired for Urinating in lay-by wins Unfair Dismissal Claim This week's case made headlines like the one above in many national newspapers. Mr Rawal was hired as a postman for Royal Mail. One afternoon, he became so desperate for the toilet that he was left with no option but to relieve himself in a lay-by. [...]
Today’s case focuses on re-engagement. Re-engagement is where an employer has dismissed an employee, a Tribunal has found the dismissal was unfair, and then has been ordered to re-engage the employee in a role other than his original one (reinstatement being where the employee is simply reinstated in his original job). In particular, we shall [...]
Four Uber drivers have asked a court in the Netherlands to overrule a decision to deactivate their accounts that they allege was based solely on the incorrect findings of an algorithm. The four drivers (3 from the UK and 1 from Portugal) were accused by Uber of having engaged in fraudulent activities. They deny this [...]
The facts Mr. Fernandes was employed by Aramark (UK) Ltd but had been made redundant. He claimed unfair dismissal. Sections 98(1/2) of the Employment Rights Act 1996 require that a dismissal must be because of one of 4 specified reasons (redundancy being one of them) or ‘some other substantial reason’, otherwise it shall be unfair. [...]
Today we look at whistleblowing, which can be defined as when an employee discloses information about their employer that is in the public interest and shows a breach of rules, law or is adverse to health and safety. If an employee is dismissed because of having made a public interest disclosure, they shall be regarded [...]
Good morning and welcome back to your weekly case law update. Last week we looked at race discrimination, this week we shall be looking at gross misconduct dismisssals. Gross misconduct dismissals are the ultimate sanction, it is the HR equivalent of a judge putting the black cap on. The employee’s career is put to the sword, the contract [...]
Hello and welcome back to your weekly case law update. Last week was our monthly employment law update which had features on equal pay settlements at the BBC, parental bereavement leave and some of the cases to look out for in 2020. This week’s case is a first instance tribunal case. Whilst not binding precedent [...]
Hello and welcome back to your weekly case law update. Last week was our November newsletter which had features on a film about the gig economy, political leaders being tribunal witnesses and Samantha Cameron’s unpaid internships. Before beginning this week’s update, a huge thank you to everyone who attended our seminar yesterday. We hope everyone [...]
Hello and welcome back to your weekly case law update. Last week was our November newsletter which had features on a film about the gig economy, political leaders being tribunal witnesses and Samantha Cameron’s unpaid internships. Before beginning this week’s update, a huge thank you to everyone who attended our seminar yesterday. We hope everyone [...]
This month there seems to have been an explosion of absurd incidents that have made the tabloids. As such we have four – yes four! – tales of hilarity, stupidity or sheer incredulity for you to end this month’s update. Our first such tale concerns an Appleby Tiles named Jack. Jack entered into a customer […]
