Whistle blowing: no knowledge of disclosures

In this case, the Royal Mail’s decision maker in a performance-related dismissal was not aware that the performance issues had really been retaliation for a whistleblowing complaint. The dismissal was perfectly justified from the decision maker’s point of view, however.… Read on

Are you carrying out a reasonable investigation?

The employment tribunal has provided a reminder about the importance of an employer not simply relying upon a breach of the black letter of its policies to dismiss an employee. Background In this case, Citibank dismissed employee Mr Stimpson for… Read on

Personal social media at work: ECHR decision

The decision of the European Court of Human Rights about employee’s private use of a Yahoo Messenger account has hit the news in a big way over the last couple of days. We explain the legal rationale behind it. Background… Read on

New case on disparity of treatment in unfair dismissal

Two employees, both found guilty of gross misconduct (one for kneeing in the leg and sending text messages of a violent nature, the other hitting his colleague in the face). The former was dismissed, the latter was not. Was this… Read on

Influence of HR on disciplinary outcome: unfair dismissal

We report on a significant decision of the Employment Appeal Tribunal. Background This was a case of dismissal for gross misconduct, in which the claimant, Mr Ramphal had been accused of fabricating expenses, notably excessive petrol use and suspicious cups… Read on

Facebook remarks 2 years ago: fair dismissal

The EAT has held that it was fair of the British Waterways Board to dismiss their employee, Mr Smith, because of comments he had made on Facebook 2 years previously. This was even though the Waterways Board had known about… Read on

Coming to work smelling of alcohol: dismissal unfair

Mr McElroy, the Claimant in this case, was employed by an NHS Trust, and had direct responsibility for patients. The Employment Tribunal agreed that he did come to work smelling of alcohol, but that his subsequent dismissal for gross misconduct… Read on