Office Christmas parties – advice for employers

With the Christmas party season about to get into full swing, no doubt your plans for your staff parties are well advanced. Some employees overstep the mark and employment law queries arise every year. The stock advice is as follows: If it is an employer organised event then the employer can take disciplinary action against any […]

By |2019-12-25T12:13:28+00:00November 2nd, 2015|Gross Misconduct|0 Comments

Azam v Ofqual – Can a trade union representative be dismissed whilst participating in union activity for a non-union related reason?

Now that we are well into October we would like to remind you that the Modern Slavery act is now in force. To find out what your business might need to do read our briefing note here. If you have any questions about the act or would like advice on drafting a policy please email […]

By |2019-12-28T13:42:04+00:00October 9th, 2015|Gross Misconduct, Trade Unions|0 Comments

The British Waterways Board, Trading as Scottish Canals v Smith – Employee dismissed for drunk facebook status posted 3 years ago

Good afternoon, on a sunny Friday we thought it fitting that this weeks’ case concerns an employee posting drunk comments on Facebook when they were on standby to work. Maybe it’s best not to sneak off early to the beer garden. The question this week is: Is it fair dismiss to an employee for a […]

Newbound v Thames Water Utilities Ltd – Can two employees commit the same misconduct offence and get different disciplinary sanctions?

Case of the week will be slightly different this week, most of the case law we cover is either in the Employment Tribunal (ET) or Employment Appeals Tribunal (EAT). However, today’s case is from the next court up in the food chain, the Court of Appeal of England and Wales (EWCA). The questions this week […]

CP Regents Park Two Ltd v Ilyas

Hello again, we are back with another case fresh from the judge’s mouth. This week’s case concerns stealing and racial discrimination. The question this week is: When an employee is caught stealing is it ok to investigate employees of the same race/nationality? The Claimant, Mr Ilyas, was a receptionist for the Respondent, CP Regents Park […]

The Basildon Academies v Amadi

  Welcome back! Case of the week is back and this week’s case has enough drama to parallel any story line on EastEnders. The questions this week are: Is an employee obliged to report allegations of misconduct made against them outside of work under implied terms of their contract? Can a part time employee be […]

By |2019-12-25T12:23:48+00:00June 12th, 2015|Gross Misconduct, Unfair Dismissal|0 Comments

Leicester City FC, racism, family work relationships and social media.

  Once again there are no new EAT judgments for us to write about, however, we have found another story that has made headlines this week which is an employment law conundrum. As some of you may be aware local football team Leicester City FC have been embroiled in scandal this week. Tabloid newspapers obtained […]

GAME v Laws

The question this week is Are employee’s personal social media accounts capable of bringing an employer’s reputation into disrepute? This is the first EAT case involving Twitter. The Respondent, GAME, has over 300 stores in the UK. Mr Laws, the Claimant, was employed as a risk and loss prevention investigator and was in charge of […]

Insley V Accent Catering

This is the first Tribunal decision involving e-cigarettes in the workplace. E-cigarettes are a bit of a hazy issue for employers so we hope this week’s case will clear the air a little. The question this week is whether being suspended for smoking an e-cigarette amounts to constructive dismissal? Ms Insley, the Claimant, was employed […]

Liakopoulou v Christie Hospital NHS Foundation Trust

I have tweaked. Liakopoulou v Christie Hospital NHS Foundation Trust In light of recent events involving Chelsea and West Ham fans on trains this week we would like to highlight a recent case of the week we published involving gross misconduct outside of work time. This week’s case also involves gross misconduct. The question this […]

Without prejudice

It is common for negotiations/discussions to be conducted ‘without prejudice’ with a view to keeping the detail away from Tribunal eyes.  But to what extent can we rely on simply stating at the beginning of a meeting/in discussions/on correspondence that it is ‘without prejudice’? This point was addressed again by the EAT in the recent […]

By |2019-12-29T18:40:57+00:00May 26th, 2010|Gross Misconduct, Tribunal Procedures|0 Comments