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

Tough case on collective consultation

We report on a case where the EAT has taken a very uncommercial view about collective consultation on a school closure, as a warning to employers in other collective consultation situations. Background This case has mainly been reported as one… 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

Woolworths: ECJ decides

We report on the latest instalment of the saga of the meaning of “establishment” in the UK’s collective redundancies legislation. Background In the latest episode of this saga, the ECJ has agreed with the Advocate General that “establishment” need not… Read on

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