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

What are pre-termination negotiations?

Pre-termination negotiations, or “protected conversations” are discussions between an employer and an employee that can be kept confidential from the Court or Tribunal provided certain requirements are met. This is a statutory right, under s.111A Employment Rights… Read on

Wrong tone in employer’s letter leads to unfair dismissal

Could an invitation to a capability meeting, which was mistakenly referred to as a disciplinary hearing, give rise to unfair dismissal and discrimination? Yes it can mean unfair dismissal, according to the Employment Appeal Tribunal in CRI-v-Lawrence. In itself, it… Read on