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

Important case on time limits

The EAT has recently confirmed that time limits for bringing discrimination claims for detrimental treatment run from the date on which the decision to make the detriment was taken as opposed to when the employee learns of it. The case… Read on

Reasonable adjustments and sickness absence

Can employers take disability related sickness into account when dismissing for poor attendance? In the case of General Dynamics Information Technology v Carranza, the EAT considered this issue, and the question of whether it would be a reasonable adjustment not… Read on

£65,500 penalty under TUPE

A tribunal has ordered a vet service to pay penalty compensation of £500 for each of its 131 employees on losing its contract with the Food Standards Agency. In the case of Eville & Jones v. Grants Veterinary Services,… Read on

Judgment on tribunal fees imminent

In July 2013, the Government introduced fees for claimants in the employment tribunals. Fees start from around £160 to issue a claim, with a further fee for a hearing starting at £230. The fee rises depending on the type of… Read on

Claim rejected for not following early conciliation rules

The case of Thomas v Nationwide Building Society is the first reported case of a claim being rejected by a Tribunal because of an employee’s failure to follow the early conciliation procedures. Background New early conciliation procedures were introduced on… Read on

Emergency time off and contacting your employer

In the case of Ellis v Ratcliff Palfinger Ltd, the Employment Appeal Tribunal decided that it was fair to dismiss an employee who had taken emergency time off but who had not properly notified his employer as soon as he… Read on

Clarity on TUPE service provision rules where client changes

Can TUPE apply when there is a change of client before and after the transfer? The recent Employment Appeal Tribunal (‘EAT’) decision in Horizon Security Services Limited v Ndeze has endorsed the principle that there is no service provision change… Read on

Holding an employee to their notice period

Could an employer hold an employee to the notice period in their contract when they resigned early, in breach of their notice period? Yes, according to the High Court in Sunrise Brokers LLP v Rogers. This meant that the employee… Read on