Gross misconduct and mental illness

In the case of Burdett v Aviva Employment Services Limited, the EAT considered the potentially thorny issue of dismissing an employee who was a paranoid schizophrenic. Background Mr Burdett was diagnosed as suffering from schizophrenia – a disability within the… Read on

Disciplinary proceedings and negligence

In the case of Coventry University v. Mian, the Court of Appeal had to decide whether an employer had breached its duty of care to one of its employees by pursuing disciplinary proceedings, and whether they should be liable for… Read on

Wrong tone in employer’s letter leads to unfair dismissal

Could an invitation to a capability meeting, which was mistakenly referred to as a disciplinary hearing, give rise to unfair dismissal and discrimination? Yes it can mean unfair dismissal, according to the Employment Appeal Tribunal in CRI-v-Lawrence. In itself, it… Read on

Secret recording- admissible evidence?

Was an employee allowed to use a secret recording made, while she was not present, of the deliberations of her employer at a disciplinary hearing? Yes it was, according to Punjab National Bank v Gosain. Background Ms Gosain secretly recorded… Read on

Effect of lying during disciplinary

In a recent decision a Claimant has had her unfair dismissal compensation payment reduced by 80% because she had lied during the internal disciplinary hearing that resulted in her dismissal. The Claimant had been asked to explain an email she… Read on

When is a final warning invalid?

A Court has held that an employer may not be able to rely on a live final warning to dismiss an employee, even though the employee did not appeal against the warning at the time. The case of Davies v Read on