Misconduct dismissals
In Airbus UK v Webb EAT/0453/06 the EAT has held that where an employee was dismissed for gross misconduct, but would not have been dismissed but for the fact that he had an expired final written warning on his record, the dismissal was unfair. The result of the expiry of the warning was that he was entitled to be treated as though he had no disciplinary record at all.
In Prakash v Wolverhampton City Council EAT/0140/06, the Employment Appeal Tribunal holds that where a fixed-term contractor's dismissal for misconduct was overturned by an appeal decided after the expiry date of the contract, the effect of the successful appeal was to reinstate the terms of the original contract. It could not extend the life of the contract beyond its expiry date.
In Chairman and Governors of Amwell View School v Dogherty EAT/0243/06, the Employment Appeal Tribunal holds that an employment tribunal was not entitled to admit as evidence in unfair dismissal proceedings recordings of a disciplinary panel's private deliberations.
In Taylor v OCS Group Ltd [2006] IRLR 613 CA, the Court of Appeal holds that defects in the conduct of a disciplinary hearing are capable of being "cured" in an internal appeal even if it does not amount to a full rehearing of the issue. In addition, a deaf employee not given the opportunity to have an interpreter at his disciplinary hearing was not treated less favourably for a reason related to his disability.
In Diosynth Ltd v Thomson [2006] IRLR 284 CS, the Court of Session has made it clear that an employer is not entitled to take into account expired disciplinary warnings in making disciplinary decisions in respect of employees
Sophy Robinson and Karen Fletcher of Addleshaw Goddard outline the latest legal rulings and explain what you need to know to avoid tribunals.
In Arriva North West & Wales v Colebourn, the EAT holds that the employment tribunal erred in excluding additional evidence that was adduced at a second internal appeal on the grounds that it could be taken into account only if there was a complete re-hearing.
This week's case round-up from Eversheds, covering unfair dismissal.
Are employees, senior or otherwise, under a duty to disclose the misconduct of colleagues or themselves to their employer? Tony Thompson and Rebecca Peedell look at recent cases.
In Item Software (UK) Ltd v Fassihi and others the Court of Appeal holds that a company director has a fiduciary duty to disclose his own misconduct and to account for secret profits.
Employment law cases: HR and legal information and guidance relating to misconduct dismissals.