Case report round-up: Knowledge of concealed facts not imputed to employer
XpertHR's latest case reports cover:
- Unfair dismissal: Tribunal entitled to find dismissal for lewd comment unfair In Bowater v Northwest London Hospitals NHS Trust [2011] IRLR 331 CA, the Court of Appeal held that an employment tribunal was entitled to find that the dismissal of a nurse for making a lewd comment in the course of restraining an epileptic patient was outside the range of reasonable responses. It was intended as a humorous remark, and there was no evidence that the patient or any member of the public heard it. (Employment Review)
- Unfair dismissal: Knowledge of concealed facts not imputed to employer In Orr v Milton Keynes Council [2011] IRLR 317 CA, the Court of Appeal held that a local authority employer was not to be taken to know facts that cast a different light on the employee's misconduct but were withheld from the manager who made the decision to dismiss the employee. (Employment Review)
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