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Failure to offer appeal hearing amounts to unfair dismissal according to EAT

The appellant in the recent case of Radia v Jeffries International Limited, Mr Radia, was a Managing Director of a regulated financial services company. He had previously brought two claims against his employer. The Employment Tribunal's decision in the first claim criticised the credibility of his evidence and found him evasive. On receiving the judgement, Mr Radia was suspended by his employer pending a disciplinary. No investigation took place before the disciplinary hearing, which instead relied on the findings of the first Employment Tribunal. As he was a regulated person the employer decided that as a result of the Employment Tribunal's decision on Mr Radia's credibility, they could no longer employ him and consequently dismissed him for gross misconduct.
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Failure to offer appeal hearing amounts to unfair dismissal according to EAT

Is it automatically unfair to dismiss someone because they allege that they will be dismissed unfairly?

In Spaceman v. ISS Mediclean Ltd t/a ISS Facility Service Healthcare the Employment Appeal Tribunal (EAT) considered the circumstances in which an employee is dismissed for the automatically unfair reason of asserting infringement of a statutory right.
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Is it automatically unfair to dismiss someone because they allege that they will be dismissed unfairly?

Is it safe to dismiss an employee who is receiving long-term disability benefits?

The EAT has dealt a blow to employers, confirming that the purpose of permanent health insurance and similar schemes would be defeated if an employer could end entitlements under this type of scheme by dismissing the employee on grounds of capability. 
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Is it safe to dismiss an employee who is receiving long-term disability benefits?

Disciplinary investigations: Common sense and even-handedness should prevail

In the recent Employment Tribunal (ET) case of Ball v. First Essex Bus Limited, the claimant, a 60-year-old bus driver who suffers from diabetes, has been successful in his unfair dismissal claim. He persuaded an ET that his dismissal for being under the influence of cocaine whilst on duty was both substantively and procedurally unfair. The claimant had failed a random drug test.
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Disciplinary investigations: Common sense and even-handedness should prevail

Dismissal of pilot with anxiety-related sickness absences held to be procedurally unfair

In Matthew Guest v. Flybe Limited, the Birmingham Employment Tribunal considered whether the dismissal of a pilot who had various anxiety-related sickness absences was fair and found that it was not.
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Dismissal of pilot with anxiety-related sickness absences held to be procedurally unfair

Does giving notice amount to an unambiguous act of resignation from employment?

An employee giving notice does not necessarily amount to an unambiguous act of resignation from employment, the Employment Appeal Tribunal found in East Kent Hospitals University NHS Foundation Trust v Levy.
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Does giving notice amount to an unambiguous act of resignation from employment?

Unfair Dismissal: extending the date of dismissal by the statutory notice period

The recent case of Lancaster & Duke v. Wileman is a useful reminder to employers that terminating an employee's employment in the week before they gain two years' continuous service may still enable an employee to claim that they have the requisite qualifying service to bring a claim for ordinary unfair dismissal.
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Unfair Dismissal: extending the date of dismissal by the statutory notice period

Kilraine v London Borough of Wandsworth [2018]

A recent case has considered the issue of what amounts to a protected disclosure. In Kilraine v. London Borough of Wandsworth [2018], the Court of Appeal guided Employment Tribunals in such cases to focus on determining whether there was a "protected disclosure" and whether the disclosed information, showed or tended to show that one or more of the six specified types of malpractice had taken place or was likely to take place – for example a breach of a legal obligation.
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Kilraine v London Borough of Wandsworth [2018]

Can the menopause constitute a disability?

A recent Employment Tribunal's ruling suggests that the physical and psychological effects of the menopause could constitute a disability for the purposes of the Equality Act 2010 (the 2010 Act) Ms Davies, a court officer for the Scottish Courts and Tribunal Service, had experienced the onset of the menopause resulting in her becoming severely anaemic, stressed and anxious, and experiencing memory loss.
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Can the menopause constitute a disability?

‘Egregiously unfair’ dismissal costs employer £30,000

The employer, Michelin, dismissed their employee who was signed off with stress.
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‘Egregiously unfair’ dismissal costs employer £30,000