In Kaur v Leeds Teaching Hospitals NHS Trust , the Court of Appeal clarified the law relating to affirmation in relation to constructive dismissals where a claimant relies on a number of incidents to argue there was a cumulative breach of contract.
This was one of two questions explored in the Employment Appeal Tribunal decision of X v Y Limited . In addition to the matter of legal privilege, the other question posed to the EAT was whether emails, which advised that potentially endorsing unlawful reasons for dismissing an employee could be considered to be “facilitating an … Continued
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.
This question around discriminatory treatment was asked at the Appeal Court in the case of Rochford v WNS Global Services UK Limited and others and the answer was ‘No’. Why? Because two wrongs do not make a right. Discriminatory treatment The employee, Mr Rochford, worked for the company as a senior vice president for a salary … Continued
Can a dismissal be automatically unfair for a protected disclosure, even when the dismissing officer did not have the disclosure in mind but was misled by a manager who was motivated by it? The Court of Appeal held not, in the recent case of Royal Mail Ltd v Jhuti. Ms Jhuti was a new employee … Continued
Suspending an employee to investigate disciplinary actions is usually thought of as a neutral act. However, this case demonstrates that it will not always be reasonable to suspend.
The Employment Appeal Tribunal (EAT) considered whether the tribunal had made an error of law by deciding that the claimant’s dismissal was fair in Dr Claudius D’Silva v Manchester Metropolitan University and others. The claimant’s case was that his dismissal was procedurally unfair, as he believed that the chairperson on the disciplinary panel was biased … Continued
Does it make a difference to a whistleblowing claim if the employer does not believe the disclosure made by the employee was protected? As shown in the recent case of Beatt v Croydon Health Services NHS Trust, the Court of Appeal holds that an employer defending a protected disclosure automatic unfair dismissal claim cannot rely … Continued
Defining disability and determining whether an individual is disabled can often create problems for an employer and, indeed, an Employment Tribunal. The starting point is the Equality Act 2010, which contains a broad definition of what will constitute a disability at section 6: “(1) A person (P) has a disability if— (a) P has a … Continued
The requirements when communicating a dismissal were looked at by the Employment Appeal Tribunal (EAT) in the recent case of Sandle v Adecco . Overall, the EAT found for the respondent and dismissed the appeal, supporting the Employment Tribunal in the contention that a dismissal cannot be implied solely by the inaction of an agency … Continued
‘How can I resolve my dispute with this employee without ending up in an Employment Tribunal?’ This is a question that often vexes employers. One worry is that offers and comments made in negotiations will be used against the employer if a claim arises. There are, however, two shields an employer (or employee) can try … Continued
The remedies available in unfair dismissal cases are more than merely compensation. Claimants can be reinstated to former roles or re-engaged on different terms. In this article, we look at the recent Supreme Court decision in McBride v Scottish Police Authority, where an Employment Tribunal ordered that a claimant who had been subject to unfair … Continued