Whistleblowing: interest of 100 = “public interest”?

We report on the EAT’s first decision since the introduction of the new rule protecting whistleblowers only where their disclosure is made in the public interest? Background Mr Nurmohamed was employed by the estate agent Chestertons and worked in their… Read on

Dismissal investigations: how far do you need to go?

Did Genesis Housing Association have to investigate each and every line of defence put forward by their dismissed employee, Mr Shrestha, who they claimed had falsified his expenses? Background Mr Shrestha was dismissed by Genesis because the mileage claims he… 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

Constructive dismissal – delay fatal to claim?

Was the employee’s argument that she was too ill to resign for 18 months successful? Or was she found to have affirmed her contract and therefore not able to bring her constructive dismissal claim? In the case of Colmar Mari… Read on

Obesity can constitute a disability

Mr Kaltoft is 1.72 metres tall and weighs over 100kg. This gives him a BMI of 54, which is classified as severe or extreme morbid obesity. We have recently reported about obesity and disability law. In the recent case of… 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

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

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

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