NHS 24 v Pillar – Can a dismissal be fair if the disciplinary investigation and decision to dismiss are based on previous misconduct incidents that did not result in disciplinary action?

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 [...]

The AA Dismisses Boss for Gross Misconduct and share prices plummet

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 value. Not only has [...]

Lighter side of the news – Disabled teacher awarded £180k after being sacked for showing 18 rated horror film to class!!!!!!

To round off this month’s newsletter we bring you the latest piece of outlandish employment law. This month’s case is a seasonal Halloween blunder and concerns a Mr Grosset, who has won his three year disability discrimination case against York Council following his dismissal as Head of English from the Joseph Rowntree School. Mr Grosset [...]

Garamukanwa v Solent NHS Trust – Does using evidence from an employees phone during a disciplinary amount to a breach of human rights?

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 [...]

Wells v Countrywide Estate Agents t/a Hetheringtons – Does a successful dismissal appeal clear an employee’s record of any previous misconduct?

Welcome back to this week’s edition of case law. With it being Mother’s Day and World Women’s Day this week it would have been wonderful to have an inspiring case about sex discrimination. Unfortunately, no such cases have been decided recently so instead here’s a case about money laundering, constructive dismissal and gross misconduct. Today's [...]

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 [...]

Tabloid Employment Law – Sacked for simulating sex act on a banana!!!!!

Every month we bring you the most absurd employment cases that becomes sensationalist click bait. This month’s calamitous Claimant is a Police Chief Superintendent who was sacked for numerous incidents of gross misconduct. He simulated a sex act on banana whilst being interviewed for the local radio. Put his tongue in a female colleague’s ear. [...]