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. […]

By |2016-02-26T10:41:12+00:00February 26th, 2016|Employment Tribunals|0 Comments

Disciplinary Code of Practise – Key case settles

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 […]

Tabloid Employment Law – Sacked for rail fraud

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 […]

By |2019-12-25T11:56:11+00:00January 29th, 2016|Gross Misconduct, Lighter Side of the News|0 Comments

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 […]

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

WNS Global Services (UK) Limited v Rochford – Does failure to explain a phased return to work amount to disability discrimination?

Good afternoon, this weeks’ case is a classic example of miscommunication and concerns disability discrimination and gross misconduct. The question this week is: If an employee isn’t told their reduced role is part of a phased return to work are they being discriminated against? Mr Rochford, the Claimant had been a Senior Vice President at […]

By |2015-10-16T08:22:06+00:00October 16th, 2015|Unfair Dismissal|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 […]

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 […]

Jeremy Clarkson – Gross misconduct or mitigating circumstances?

  In case you have been living under a rock divisive Top Gear presenter Jeremy Clarkson has been suspended by the BBC. Whilst journalists have been investigating what a fracas actually is, (and how to pronounce it) the BBC has been trying to get to bottom of the incident in which Clarkson reportedly punched a […]

By |2015-03-25T12:58:45+00:00March 25th, 2015|Settlement Agreements|0 Comments

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 […]