Unfair dismissal
Employment Tribunal entitled to re-label decision to dismiss
Covert recordings: "For the times they are a-changing"
Almost everyone carries around with them a recording device nowadays, in the form of a smartphone or wearable technology. Where […]
Magistrate who said same-sex adoption not in best interests of a child loses discrimination claims
Manifesting one's beliefs vs inappropriately proselytising them – where is the line?
In Kuteh v. Dartford and Gravesham NHS Trust [2019] EWCA Civ 818 the Court of Appeal was asked to consider […]
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 […]
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 […]
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 […]
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 […]
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.
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.
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.