Supporting the Rugby World Cup? Employment Tips

Employers will not be able to avoid the fact that the biggest sporting event is now on – the Rugby World Cup. With England as its host, the opening match is taking place in Twickenham on 18th September 2015 and… 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

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

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

ACAS extends rights at disciplinaries and grievances

Background Section 10 of the Employment Relations Act 1999 (ERA) provides a statutory right for workers to be accompanied at a disciplinary (relating to conduct and/or performance) or grievance hearing where they make a reasonable request. The EAT judgment in… Read on

Dismissal for offensive tweets unfair

How did the EAT approach the fairness of a dismissal for posting offensive tweets? The EAT has recently found that it was, indeed, fair to dismiss an employee for making offensive tweets in a case which highlights the considerations that… 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

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