Jagex Ltd v McCambridge

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 [...]

Lighter Side of the News – Sacked for Sending Emoji

As usual we end with a tale of far-fetched woe from the depths of the tabloids. This month an employee for a bar in China was told to resign after responding to a request from her boss for documents in a work group chat with the okay thumb and finger emoji. Anyone who is a […]

Lighter Side of the News – Traffic Warden Sacked for Bad Parking

Our second tabloid tale is perhaps best described as Schadenfreude of the week. Zoe Brunt, purportedly the UK’s meanest traffic warden, has been dismissed for parking on double yellows. Apparently known to brag about ticketing people, Brunt posted online about the pleasure she took from giving out tickets. This included laughing at a sewerage worker […]

Lighter Side Of The News – Unfairly Sacked For Wearing Headphones Whilst Working In Warehouse

  To round off this issue we bring you another tale that has made tabloid headlines. Often behind the outrage, poor quality puns and advertising, there is a message and a good laugh too. This month’s mention goes to the case of Onyike V Sainsbury’s. Mr. Onyike was a long-serving employee who worked in the […]

England Football Team – Manager dismissed amidst further controversy

It’s the last Friday of the month which means it’s time for your monthly round up of all things employment law. Last week’s case law update looked at restrictive covenants, Early Conciliation and on-call/sleep-in working and all of the cases we have covered this month can be found here. Last month’s newsletter included features on […]

By |2019-12-26T15:16:20+00:00September 29th, 2017|Contributory Fault, Misconduct, Unfair Dismissal|0 Comments

JP Morgan v Ktorza – Being Culpable for Fair Dismissal

Greetings and welcome back to your weekly case law update. Last week’s newsletter had features on; restrictive covenants, warm weather working and the gig economy. This week we will be looking at unfair dismissal for conduct related issues. Section 98 of the Employment Rights Act 1996 states that for a dismissal to be fair, the […]

By |2019-12-26T15:18:17+00:00June 22nd, 2017|Contributory Fault, Unfair Dismissal|0 Comments

Arnold Clark Automobiles Ltd v Spoor – Dismissed For Gross Misconduct

Welcome back to your weekly update just what you need to cheer you up! The case we are discussing today shows the possible problems when common law and statute interact with gross misconduct. Particularly on the question of summary dismissal for gross misconduct. Summary dismissal is a common law concept which has evolved in the context […]

Council Officers Sacked For Office Romp

Deaf snipers, knife-wielding teachers, cake eating cafeteria workers, every month an employment law case gets swept in the perfect storm that is tabloid journalism. This month we are going back to the summer and talking about two council workers who were reported by an anonymous whistle-blower for sneaking off for half hours at the time […]

Alleged Disability Discrimination

Good morning, and welcome back to your weekly case law update – the perfect start to any Friday. Last week we looked at mobility clauses and unfair dismissal. This week we will be looking at alleged disability discrimination and harassment. Our previous update of G4S v Powell explains that S6 of the Equality Act 2010 defines […]

DWP v Mughal – Can a disciplinary sanction be outside the range of reasonable responses if an employer has chosen the sanction based on a decision making matrix?

Last week we looked at disability discrimination and whether a sick note from a GP automatically qualified you disabled for the purposes of the Equality Act 2010. This week we will be looking at reasonable disciplinary sanctions and mitigating circumstances in relation to unfair dismissal claims. The case also concerns data protection. When an employer dismisses […]

By |2019-12-27T17:15:03+00:00November 17th, 2016|Contributory Fault, GDPR, Unfair Dismissal|0 Comments

House of Fraser v Christofidou – Can inconsistent evidence amount to breach of trust?

It’s that time of the week again. No. Not Friday. Case law update time! You might think last week’s newsletter celebrating the dawn of spring would lead to lighter, more cheerful cases. However, you thought wrong as this week’s case concerns theft, breach of trust, gross misconduct and eBay. Today’s question: Can inconsistent answers during a disciplinary […]

Carter v Aulds Bakeries Ltd – Can an employee whose conduct has contributed to their dismissal be reinstated?

Hello and Happy New Year to you all! We trust, like us, you have enjoyed and indulged over the Christmas holidays, hopefully the roast dinners, mince pies and steady supply of booze have not had any adverse effects. Some of you may have given something up for the New Year; chocolate, alcohol, meat, carbs and […]

By |2019-12-27T18:36:12+00:00January 7th, 2016|Contributory Fault, Unfair Dismissal|0 Comments

Harris v Monmouthshire County Council -Do employers have a continuing obligation to make reasonable adjustments for employees who are off long term sick?

Hello , I know what you’re thinking, it’s that time again. Another week, another tenuous case law link. However, there is no tenuous link this week, as there is no current affairs issue to link the case to. Nonetheless that does not mean you shouldn’t read it, as it concerns long term absence and reasonable […]

Jones v MBNA – Can provocation be used as a mitigating factor in gross misconduct offences?

Greetings , the passing of Halloween means it is now officially acceptable to start talking about Christmas. The nature of employment law means it seldom overlaps with festive revelry, however, there is one issue that does often crop up. Staff conduct at office parties. Therefore today’s case is about what to do when staff misbehave at […]