Final written warning could not be relied on

In this case, brought against the BBC, the Claimant successfully argued that his dismissal had been unfair because the final written warning relied on was “manifestly inappropriate”. This case gives rise to interesting questions about how and when written warnings… Read on

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

Brexism – be aware

Since the Brexit vote to leave the EU, a political divide has arisen between two very deeply held beliefs amongst the British public. Much of the divide has become extremely emotional. Matters are likely to be compounded because on one… Read on

Re-engagement order disallowed

We report on a case where an order for re-engagement has been considered by the EAT. Background The Claimant in this case, Miss Lupton was employed by Lincolnshire County Council. She resigned when the council sought to change her working… 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

When a resignation can give rise to a redundancy

The ECJ has concluded that incidents involving the resignation of an employee due to independent and sizeable alterations in their contract and working conditions do fall under the European legal definition of ‘redundancy’. We explain more about how this decision… Read on