In DLA Piper's case of the week, the Employment Appeal Tribunal (EAT) considered the case of an employee who was dismissed after testing positive for cannabis.
David Malamatenios is a partner, Linda Quinn and Krishna Santra senior associates and Melissa Powys-Rodrigues and Dominic Speedie associates at Colman Coyle Solicitors. They round up the latest rulings.
In DLA Piper's case of the week, the Employment Appeal Tribunal (EAT) considered a case in which the employer was found to have fairly dismissed someone despite choosing not to follow the findings of an independent appeal panel.
Neil Window is a trainee solicitor, Heather Marsh, Carly Mather, Associate and David Rintoul are associate solicitors, and Catherine Barker is managing associate at Addleshaw Goddard LLP. They round up the latest rulings.
In BS v Dundee City Council [2014] IRLR 131 CS, the Court of Session found that a tribunal failed to address crucial questions in deciding whether or not an employee had been fairly dismissed for long-term absence and had been wrong to assume that the employee's length of service was a relevant consideration. Long service was relevant only insofar as it could lead to the inference that the employee was a good worker who would return to work as soon as possible.
The Employment Appeal Tribunal has held that, where there is no express term in a contract of employment that the employer will pay the employee for any accrued but untaken flexitime on his or her departure, there is no need to imply such a term into the contract.
The Employment Appeal Tribunal agreed with an employment tribunal that emails sent by the claimant taken together were capable of amounting to qualifying disclosures, even though the emails were sent to different individuals in different departments.
Victoria Bell is managing associate and Gerri Hurst, Carly Mather and Andrew Nealey are associates and Eleanor Cittern is a trainee solicitor at Addleshaw Goddard LLP.
In DLA Piper's latest case report, the Employment Appeal Tribunal examined the TUPE provisions that mean that employees do not automatically transfer where the transferor is "under the supervision of an insolvency practitioner".