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 [...]

JP Morgan v Ktorza – Being Culpable for Fair Dismissal

Greetings and welcome back to your weekly case law update. Last week’s newsletter had features on; restrictive covenants, warm weather working and the gig economy. This week we will be looking at unfair dismissal for conduct related issues. Section 98 of the Employment Rights Act 1996 states that for a dismissal to be fair, the [...]

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 [...]

DWP v Mughal – Can a disciplinary sanction be outside the range of reasonable responses if an employer has chosen the sanction based on a decision making matrix?

Last week we looked at disability discrimination and whether a sick note from a GP automatically qualified you disabled for the purposes of the Equality Act 2010. This week we will be looking at reasonable disciplinary sanctions and mitigating circumstances in relation to unfair dismissal claims. The case also concerns data protection. When an employer dismisses [...]

Case Law – Sacked for not reporting the birth of royal baby

A recent ET case concerning final written warnings raised a few ears this month due to the nature of the case. Chandana Bandara, the Claimant, was a producer for BBC Sri Lanka with 18 years’ service and no prior disciplinary issues. Upon the birth of Prince George in 2013 he decided to prioritise reporting the [...]

Holmes v Qinetiq Ltd – Can an employee who wins their unfair dismissal claim be awarded an uplift by the Tribunal if the employer failed to follow the ACAS Code of Practice?

Good afternoon, last week our newsletter examined a fairly eventful month for employment law (whatever you do don’t mention the referendum), there were features on Modern Slavery, flexitime as well some other interesting topics. This week’s case concerns ill-health dismissals and tribunal awards. Today's questions: Can an employee who wins their unfair dismissal claim be awarded an [...]

Mustafa v Trek Highways Services Ltd & Amey & Ringway Jacobs – Can employees still transfer under TUPE when there is a cessation of work prior to the transfer date?

TUPE, or not TUPE: that is the question. This case examines whether subcontractors whose work is halted by their employers can TUPE over to a new company whilst not working? Mr Mustafa, the Claimant, worked in traffic management for Amey, the 2nd Respondent. The 2nd Respondent was then awarded a large highway maintenance contract in [...]

Salisbury NHS Foundation Trust v Wyeth – The difference between unfair and automatically unfair dismissal

  Good afternoon, today’s case is quite an interesting case concerning whistleblowing, bullying and the fine line between fair dismissal and automatic unfair dismissal. There is no question as such today but that doesn’t mean there aren’t interesting points that can be taken away. Mr Wyeth, the Claimant, worked for Salisbury NHS Foundation Trust, the [...]