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

Email sent 6 years ago gross misconduct?

When Leeds Football Club restructured in July 2013, they wanted to make Mr Williams redundant. However, they didn’t want to pay him the 1 year notice they had promised him. So they instructed forensic experts to find some ‘dirt’ on… Read on

ACAS extends rights at disciplinaries and grievances

Background Section 10 of the Employment Relations Act 1999 (ERA) provides a statutory right for workers to be accompanied at a disciplinary (relating to conduct and/or performance) or grievance hearing where they make a reasonable request. The EAT judgment in… Read on

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

What is ACAS early conciliation?

Early Conciliation is a service offered by ACAS to allow potential claimants and employers to try to settle a dispute before employment tribunal proceedings are issued. A potential claimant must lodge a form with ACAS before they can commence an… Read on

Confidentiality v free speech

Could a Hungarian TV broadcaster rely on a confidentiality clause to dismiss a journalist who had made allegations of censorship? No it couldn’t, without infringing the journalist’s right to freedom of expression, said the European Court of Human Rights in… 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