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 [...]

Kapoor v Balfour Beatty Group Employment Ltd – What is a Polkey Deduction?

Hello , this week’s case comes a day early because, due to Easter, we have a bank holiday tomorrow, one of the few occasions any weekend reveller can rejoice at having ‘that Thursday feeling’. PJH Law would also like to take this opportunity to wish you a Happy Easter, and, more importantly, a relaxing long [...]

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 [...]

Schaathun V Executive & Business Aviation Support Ltd

Good afternoon, we hope today’s case will pass the time on a sunny Friday afternoon. This weeks’ case is rather juicy and concerns protected disclosures, office romances gone sour, driving planes whilst drunk and just in case that isn’t enough drama there is also a bit of embezzlement involved (cue dramatic music). The question this [...]

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 [...]