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

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

Disciplinary proceedings and negligence

In the case of Coventry University v. Mian, the Court of Appeal had to decide whether an employer had breached its duty of care to one of its employees by pursuing disciplinary proceedings, and whether they should be liable for… 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

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

Secret recording- admissible evidence?

Was an employee allowed to use a secret recording made, while she was not present, of the deliberations of her employer at a disciplinary hearing? Yes it was, according to Punjab National Bank v Gosain. Background Ms Gosain secretly recorded… Read on

Effect of lying during disciplinary

In a recent decision a Claimant has had her unfair dismissal compensation payment reduced by 80% because she had lied during the internal disciplinary hearing that resulted in her dismissal. The Claimant had been asked to explain an email she… Read on

Personal email dismissal fair

Employees sending chain e-mails outside work should beware. A recent Tribunal decision means their employment may be jeopardised as a result. In a non-binding decision, an Employment Tribunal has held that an employer was right to dismiss their employee for… Read on