Dismissal for offensive tweets unfair

How did the EAT approach the fairness of a dismissal for posting offensive tweets? The EAT has recently found that it was, indeed, fair to dismiss an employee for making offensive tweets in a case which highlights the considerations that… Read on

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

Aerosols, perfume and reasonable adjustments

Is it possible to have a situation when no reasonable adjustments can be made for a disabled person? Yes, but only rarely, held the Appeal Tribunal in the recent case of Dyer v. London Ambulance NHS Trust. Background Mrs Dyer,… 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

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

Snow: lift to work in a 4×4 compulsory?

Weather conditions are notoriously extreme on the roads approaching HMP Dartmoor. The prison has a detailed adverse weather policy, which requires employees to gather up at a pick-up point, at a local supermarket, when conditions are poor. In January 2013,… Read on

Was criminal conviction dismissal discrimination?

Was a disabled employee with Asperger’s syndrome discriminated against by being dismissed following a criminal conviction? No, said the Employment Appeal Tribunal in Hensman v Ministry of Defence. Background Mr Hensman suffered from Asperger’s syndrome. He was dismissed as a… Read on

‘Automatism’ dismissal discriminatory?

Could there be discrimination against an employee suffering from ‘automatism’? Not in the recent employment appealtTribunal decision of Howorth v North Lancashire Teaching PCT, where Mrs Howorth was dismissed after having pleaded guilty to offences of theft, dangerous driving… Read on

What does “without prejudice” mean?

Discussions between an employer and an employee are “without prejudice” where the discussion is with a view to settling an existing claim. This means that, where there is an Employment Tribunal claim, or a dispute that might lead… Read on