Can a dismissal be fair if investigation is based on previous misconduct incidents?

NHS 24 v Pillar Hello and welcome back to your case law update. First off, after a glut of cases covered in September, we were unable to send out an update the past two weeks due to a dearth of relevant cases. Thankfully, that shortage is over now and we hope your updates can resume […]

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

Lighter Side Of The News – Butcher Sacked For Sharing Rival’s Offer On Social Media

To round off this month’s update we bring you another tale of haphazard employment law. A guilty-pleasure browse of any tabloid website will no doubt feature an article on someone who was sacked for arbitrary/ridiculous/hilarious (delete as appropriate) reasons and this month is no different. This month’s culprit was a butcher who was dismissed for gross misconduct […]

By |2019-12-26T15:17:27+00:00September 1st, 2017|Misconduct, Social Media and Work, Unfair Dismissal|0 Comments

Chivas Brothers Ltd v Christiansen – Can an employee be unfairly dismissed for refusing to take a drugs test?

Hello and welcome back to your weekly case law update. Last week we veered away from the EAT and looked at employer vicarious liability. This week we have a case on disability discrimination, drug testing and unfair dismissal. The question this week is: Can an employee be unfairly dismissed for refusing to take a drugs […]

By |2019-12-26T15:17:50+00:00August 18th, 2017|Misconduct, Unfair Dismissal|0 Comments

Kellogg Brown & Root (UK) Limited v Filton – Can employees be dismissed for misconduct for refusal to obey a mobility clause in their contract?

Welcome back to your weekly case law update, last week we had our February newsletter which covered the Trade Union Act and minimum wage offenders. Prior to that, your last instalment of case law concerned employment status and discrimination. This week we shall be looking at whether employees can be dismissed for misconduct for refusing […]

By |2019-12-26T15:22:19+00:00March 3rd, 2017|Misconduct, Unfair Dismissal|0 Comments

Dismissal for attitude/behaviour/personality clash

In Ezsias v Glamorgan NHS Trust the EAT grapples with the issue of whether a relationship breakdown involving a senior Consultant should be dealt with by way of the disciplinary procedure. Given that the disciplinary procedure is to deal with behaviour and conduct over which an individual has control, the question posed is almost philosophical. […]

By |2019-12-27T19:01:09+00:00August 20th, 2013|Employer Discrimination, Misconduct, Unfair Dismissal|0 Comments

Dismissal for refusal to allow access to medical records is fair

This probably comes as no surprise but the EAT has recently upheld a Tribunal finding that it was fair to dismiss an employee who had been off sick but refused to consent for an occupational health doctor to access her medical records to prepare a medical report for her employer.  See full details here.  However, do […]

By |2019-12-27T19:36:20+00:00February 16th, 2009|Misconduct, Unfair Dismissal|0 Comments