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Employer’s Belief that Whistleblowing Disclosure Not Protected is Irrelevant
...employment tribunal upheld his claim, ruling that he had made a number of protected disclosures and this was the principal reason for his dismissal. Mr Beatt appealed. Decision When the cas...
Employers Can Rely on Last Straw Doctrine to Dismiss with Immediate Effect
Employers Can Rely on Last Straw Doctrine to Dismiss with Immediate Effect The High Court has held that employers are entitled to rely on the last straw doctrine to dismiss an employee with immediate ...
Workers Deprived of Rest Breaks Not Entitled to Injury to Feelings Compensation
...Employment Appeal Tribunal has rejected an employee’s argument that compensation for failing to provide rest breaks can included compensation for injury to feelings. Speedread The Employment Appeal T...
Workers Not Entitled to Compensation Uplift
...employment. In coming to its decision, the EAT commented that “employment law does not always follow a logical course”. Employees bringing discrimination and whistleblowing claims will be able to cla...
No Implied Duty to Disclose Allegations of Misconduct
...employment tribunal agreed that his dismissal was unfair. The employer appealed unsuccessfully to the Employment Appeal Tribunal. There was no express contractual obligation requiring Mr Amadi to dis...
Unfair dismissal where employment has been terminated due to refusal to accept pay cut
...employment was terminated for “some other substantial reason” and he went on to challenge the fairness of the dismissal in the employment tribunals. At first instance, the employment tribunal held tha...
Courts to Consider Employer’s Vicarious Liability for Employee’s Murder
...employment duties for liability to arise on its part. It argued that M was not purporting to do anything connected with his duties when the stabbing occurred and was instead involved in an unrelated ...
Thank you for your consideration - as published in Tolleys Employment Law Newsletter
...employment, continued employment will not be sufficient of itself. This is equally the case if existing restrictions are amended during employment. The employer is only agreeing to do what he is alr...
Disability discrimination: Failure to consider part-time working meant dismissal not justified
...Employment Appeal Tribunal (EAT) in relation to the rejection of his disability discrimination claim. Decision The EAT ruled that the employment tribunal had been wrong to find that dismissal was ju...
Flexible furlough – Government provides more detail on how flexible furlough works
...employment for redundancy. Normal redundancy rules apply to furloughed employees. The guidance still does not clarify whether the grant can be used to fund notice pay. You can access the gover...
Changing terms of unionised workforces
...employment tribunal claims, arguing that each letter was an unlawful inducement as its sole or main purpose was to end collective bargaining. The employment tribunal agreed and awarded each claimant £...
Russell Dann
...employment litigation from the Employment Tribunal to the Supreme Court, from straightforward unfair dismissal to complex discrimination, equal pay and whistle blowing claims and appeals. This include...
Extreme weather - employment issues
...employment issues Employers face difficult decisions when dealing with employees who get stranded at home or elsewhere due to an ‘act of God.’ We have seen chaos across the UK in the last year as a r...
Wrong Starting Point Used for Calculating Protective Award
...employment tribunal to consider the level of awards again. It remains to be seen whether the employment tribunal will change the level of any of the awards when it comes to consider them again. It is...
Label Attached to Misconduct Immaterial
Label Attached to Misconduct Immaterial Where an employer had dismissed an employee for gross misconduct described as fraud, it was not necessary for the employment tribunal to be satisfied that the e...
Written warning for sickness absence was disability discrimination
...Employment Appeal Tribunal agreed with the employment tribunal that the employer had not shown that the warning was a proportionate means of achieving a legitimate aim. It had been unable to exp...
Successful appeal meant no dismissal
...Employment Appeal Tribunal (EAT) which overturned the employment tribunal’s decision. Mr Patel appealed to the Court of Appeal. Decision The Court of Appeal agreed with the EAT that ther...
ACAS conciliation: importance of conciliating against correct respondent
...Employment Appeal Tribunal upheld an employment tribunal’s refusal to add a respondent where the claimant had not obtained an ACAS early conciliation (“EC”) certificate for that respondent. Facts ...
Bonuses: Withholding payment
Bonuses: Withholding payment In Humphreys v Norilsk Nickel International (UK) Ltd, the High Court looked at the circumstances in which an employer can withhold a discretionary performance-related bon...
Is it premature to submit a claim during a notice period?
...employment had not yet come to an end. The employment tribunal concluded that the School had terminated Mrs Balado’s employment on notice and that according to section 111(3) of the Employment Rights ...