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 […]
If an employee plans to set up a business in competition with that of his employer and uses employer resources to do so, is this gross misconduct? The leading case on this point is Laughton and Anor v Bapp Industrial Supplies Ltd [1986] which found that an intention to compete in the future with an […]
There are occasions when the conduct or behaviour of an employee outside of work hours may be serious enough to warrant an employer dismissing them for gross misconduct, for example where an employee has brought the reputation of the business into disrepute. However, there is no hard and fast rule on this, each case is analysed on a case […]
Steven Gerrard, LIverpool’s Captain, is in the news (and court) today for punching a businessman in a bar in Merseyside. The incident happened when Gerrard was celebrating Liverpool’s 5-1 win over Newcastle United. Gerrard has admitted punching but says he was defending himself (although also descirbies himself as being ‘7 out of 10’ on a […]
SkillsActive has carried out a survey of 2,000 people and found that a third admitted lying on their CV in an attempt to find a job in the recession. Apparently those in London are more likely to lie although the survey does not provide any rationale for why this may be the case. The problem is […]
MPs expenses are relatively straightforward. The Additional Costs Allowance is defined as: The Additional Costs Allowance (cost of staying away from main home/ACA) is paid to reimburse Members for necessary costs incurred when staying overnight away from their main home for the purpose of performing parliamentary duties. Inner London Members do not receive this allowance. […]
There has been much publicity over the last few days concerning MP’s expenses. Items claimed include; mattresses, pillows, bath robes, hotel expenses, repairing toilet seats etc. You can read the full story here. Whilst some of us must think we are in the wrong job and cannot believe some of the items being claimed and […]
Don’t you just hate this day. You hear a story on the radio that gets your goat and then you realise hold on what day is it…I think I’ve been had. Whilst some of our blogs can be contraversial and carry opinion we have strayed from the traditional wind up blog so far today at least. […]
..but who you know as the old saying goes. A prison officer from HMP Leicester has been sacked for befriending criminals on Facebook. We have blogged before on employers snooping around facebook. In this case the employee was suspended on suspicion of trafficking mobile phones and other items into the prison. The investigation revealed no […]
In the recent case of Philips Electronics UK Limited T/A Philips Lighting v Mr D Miller the EAT upheld the ET’s decision that Mr Miller’s dismissal was unfair. Mr Miller was a machine operative who had been involved in an altercation with his employer and admitted to having been verbally abusive. Mr Miller was subsequently […]
Although the statutory dismissal procedure has only a very limited shelf life, the case of Zimmer Limited v Brezan illustrates the overly didactic requirements. A failure to mention in the step one letter that one outcome of the disciplinary meeting could be dismissal led the Tribunal to find that the dismissal was unfair. Therefore where […]
