An increasing number of tribunal cases involve employees making work-related comments on Facebook. This case shows that derogatory comments will by no means always justify dismissal.
This article summarises the main issues and outcomes in five employment tribunal cases where the key issue was whether the employee resigned or was dismissed.
The Employment Appeal Tribunal has upheld the employment tribunal decision that a former NHS trust chief executive was automatically unfairly dismissed for making a protected disclosure.
The employer in this case had a laudable zero-tolerance policy on racism, but failed to take a common-sense view of the background to an accusation that a manager had made a racist comment.
The employer in this case fairly dismissed an employee who lost his driving licence, even though there was not an express requirement in his contract of employment that he be able to drive.
This is a rare instance, along with the decision in Barlow v Ranc Care Homes Ltd ET/1101527/10, of an employment tribunal ordering an employer to reinstate an unfairly dismissed employee.