Context is key in claims of harassment
In the recent case of Evans v. Xactly Corporation Limited the EAT considered whether calling an employee a “fat ginger […]
Disciplinary procedures
EAT finds you cannot cherry pick from without prejudice conversations
The Employment Appeal Tribunal (EAT), in the recent case of Graham v. Agilitas IT Solutions Ltd. (Agilitas), ruled that an employer cannot rely on parts of a without prejudice conversation held in accordance with s.111A of the Employment Rights Act 1996 (ERA) and/or the "common law" without prejudice rule, whilst at the same time seeking to use the without prejudice rule as a shield in reference to that same conversation. S.111A of the ERA permits discussions between an employer and an employee with a view to terminating employment on agreed terms to remain confidential and inadmissible in proceedings before a tribunal for unfair dismissal.
Suspension for alleged misconduct may be a breach of contract
In the recent case of Agoreyo v. London Borough of Lambeth [2017] EWHC 2019 (QB), the High Court has held that suspension as a "knee-jerk" reaction to an allegation of misconduct may in itself be sufficient to breach the implied contractual term of trust and confidence.
Tribunal awards £2 for employer's refusal of unsuitable companion at disciplinary hearing
Mr Gnahoua was a bus driver at Abellio London Ltd (Abellio). He was dismissed for gross misconduct at a disciplinary […]