Unfair Dismissal

Cunningham v Sainsbury’s Supermarkets Ltd

Hello and welcome to our case of the week. Last week we looked at whistleblowing and the burden of proof, this week we look at unfair dismissal and procedural unfairness in the context of a BLM quip. Facts Mrs. Cunnington worked at a Sainsbury’s store in Birmingham. One morning shift, at the height of the [...]

By |2021-07-16T09:11:26+00:00July 16th, 2021|Case of the Week - Blog, Unfair Dismissal|0 Comments

Ms S Flatman v Essex County Council

Hello and welcome to this week’s case of the week. This week we’re looking at constructive dismissal. Particularly, whether an employer can ‘remedy’ a fundamental breach of contract so to extinguish such a claim. Facts The Claimant was employed as a Learning Support Assistant in one of the Respondent’s schools. One of her duties was [...]

April 2021 Newsletter

  Hello and welcome to our  bumper newsletter  to take you in to the Bank Holiday weekend. Worker Status First up is the Uber case. The Supreme Court rejected Uber’s appeal and held all Uber’s drivers were workers. Workers have fewer employment rights than employees but are still entitled to: The National Minimum Wage. All [...]

Mr D Rodgers v Leeds Laser Cutting Limited

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 [...]

March 2021 Newsletter

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 [...]

Kubilius v Kent Foods Ltd

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 [...]

By |2021-04-09T16:59:06+00:00March 26th, 2021|Case of the Week - Blog, Unfair Dismissal|0 Comments

Mrs E Aylott v BPP University Limited

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 [...]

Mr R Rawal v Royal Mail Group Ltd

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. [...]

By |2021-02-03T13:35:11+00:00January 22nd, 2021|Unfair Dismissal|0 Comments

PGA European Tour v Kelly

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 [...]

By |2021-02-03T13:37:20+00:00January 8th, 2021|Case of the Week - Blog, Unfair Dismissal|0 Comments

Uber Face Fresh Legal Challenge over Alleged ‘Robo-Firing’

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 [...]

By |2021-02-03T13:32:55+00:00January 8th, 2021|Case of the Week - Blog, GDPR, Unfair Dismissal|0 Comments

Aramark (UK) Ltd v Fernandes [2020]

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. [...]

By |2020-11-19T10:14:08+00:00October 30th, 2020|Case of the Week - Blog, Unfair Dismissal|0 Comments

Mr R Moura de Arajo Faria v Lycamobile UK Limited

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 [...]

By |2020-09-25T09:18:57+00:00September 25th, 2020|Unfair Dismissal, WhistleBlowing|0 Comments

Jagex Limited v McCambridge

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 [...]

By |2020-03-02T14:10:12+00:00March 2nd, 2020|Case of the Week - Blog, Gross Misconduct|0 Comments