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 we had two cases for you, one on employment status and another about race and religious discrimination. This week we have a disability discrimination case for you that also concerns unfair dismissal and gross misconduct. It is one we actually covered in our […]
AA Dismisses Boss – Bob McKenzie, the Executive Chairmen of The AA, has been dismissed for gross misconduct following a reportedly Clarkson-esque bust up with an employee at a hotel bar. Whilst a statement from Mr McKenzie claims his departure was due to ill-health, in any event his leaving has wiped a fifth off the company’s share […]
Every month we bring you a tale of the absurd. An incident that goes beyond ridiculous and into the downright stupid. The source of this ludicrousness? Tabloid journalism, where else? This month’s numpty is a senior a police officer who was initially sacked after he groped a female employees breast and thigh in two separate […]
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 […]
No newsletter would be complete without a tale of outlandish conduct that gets swept up by tabloid hacks. This month’s case concerns three employees of the estate agent firm Foxtons, which has revenue of over £149m a year, who were sacked for fighting protesters against class division. Surely a classic example of Schaudenfreude? The three staff […]
Some of you may have heard about a recent Man Utd game that was called off due to a bomb scare. It was later revealed that the ‘bomb’ was a dummy that had accidently been left there after a security exercise. The cost of re-organizing game is estimated to be £3m and the incident caused […]
This juicy case, which is genuinely worthy of its own TV show, concerns gross misconduct and human rights, particularly the right to a private life. Mr Garamukanwa, the Claimant, was a Clinical Manager for Solent NHS Trust, the Respondent. The Claimant formed a relationship with a nurse, Ms Maclean, on his ward. Upon this relationship ending the […]
This month’s sensationalist piece of employment law is the case of Samuel v Wincanton plc. Here it was held that a gross misconduct dismissal for ‘exaggerating’ physical injury was unfair. Ms Samuel worked in Wincanton’s warehouse and was hit on the head by a falling drill bit. The injuries caused her to suffer from severe nausea, […]
Our next football employment law crossover concerns another team in the North East, Sunderland. If you have missed the news England and Sunderland FC player, Adam Johnson, was convicted of sexual activity with an underage girl. Whilst this rather unpleasant case is not strictly employment law related it did cause the club’s chief executive, Margaret […]
Ched Evans has been in the news for trying to return to his previous job as a professional footballer after serving 30 months of a 60 month prison sentence for rape. To be fair to Mr Evans he is protesting his innocence and his case is subject to a Criminal Case Review. However, at the […]
The case of Ramphal v Department for Transport, a Court of Appeal case which was set to examine the role of HR in disciplinary procedures, has settled. The case concerned an employee who was under investigation for suspicious travel expense claims, the manager handling the investigation was inexperienced with disciplinary procedures and received substantial support […]
Now and again employment cases make tabloid news. These sensationalist stories can range from being sacked for liking a facebook photo to deaf police snipers winning discrimination claims and everything else in between. This month’s outlandish story is a very good example of Schaudenfreude and concerns a city banker who was sacked after his […]
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 […]
