In the case of Ramesh Patel v Folkestone Nursing Home Ltd , EWCA Civ 1689, Mr Patel, the claimant, was in March 2014 with two disciplinary offences during his employment as a care assistant at a Folkestone nursing home (the respondent). He was found to be asleep on duty and to have falsified records of certain residents.
To what extent can a human resources department influence disciplinary proceedings? Our Leeds Employment Law team consider a recent Employment Tribunal claim. Questions such as this go to the heart of whether an employer has carried out a fair and reasonable investigation and procedure generally prior to dismissing an employee. Failure to do so can … Continued
Can an employee resign in response to the employer’s conduct and claim constructive unfair dismissal if they have committed gross misconduct or breached their contract of employment? The Employment Appeal Tribunal considered this point in Atkinson v Community Gateway Association, holding that the employee does not give up their right to resign just because they … Continued
Professor Geoffrey Beattie, former in-house Big Brother psychologist, was dismissed from his post as Professor of Psychology at the University of Manchester in November 2012. David Sillitoe from the Leeds Employment Department was appointed to represent him in his claims for unfair dismissal and wrongful dismissal. The case was heard in June 2014 and judgment … Continued
Employers will generally be regarded as acting reasonably when dismissing an employee for gross misconduct. This article considers the recent decision in the Employment Appeal Tribunal of Brito-Babapulle v Ealing Hospital NHS Trust  and summarises points for employers to bear in mind when contemplating dismissal. In the above case, the EAT found that it … Continued
Several recent Employment Tribunal decisions have considered cases where an employee’s Facebook comments have led to their dismissal. The High Court recently published its decision in Smith v Trafford Housing Trust , in which an employee stated that their disagreement with same-sex marriage on social media. The case contributes further to the debate on the divide … Continued