In DLA Piper's latest case report, the Court of Appeal considered the familiar question of when an employment tribunal can find an employer's misconduct dismissal to be unfair, and in what circumstances that finding can be successfully challenged on appeal.
The Employment Appeal Tribunal (EAT) held that a dismissal will be unfair if the decision to dismiss an employee is improperly influenced by the HR department. The EAT explained the role of HR in disciplinary proceedings.
An employment tribunal has held that a manager's angry words during an argument to an employee to "not bother coming back on Monday" constituted a dismissal.
The Employment Appeal Tribunal (EAT) has held that procedural defects in an employee's dismissal for allegedly bullying a colleague who "unfriended" her on Facebook could be cured during the appeal stage.
In the first Scottish appellate decision on Facebook misconduct, the EAT has held that ordinary principles of law apply. The EAT held that the employment tribunal had erred in law and substituted its own views for those of the employer.
In finding that an older project manager was chosen for redundancy because of his age, this employment tribunal highlighted evidence of comments from the managing director that it was time for him to retire.
David Malamatenios is a partner, and Krishna Santra, Sandra Martins and Colin Makin are senior associates at Colman Coyle Solicitors. They round up the latest rulings.
An employment tribunal has found that an employee was unfairly dismissed for circulating to colleagues a document about proposed changes to his company's pension scheme, which he found on a shared drive.
An employment tribunal has held that an NHS trust unfairly dismissed an employee who was reported for coming to work smelling of alcohol, without further evidence that he was unfit for work.
In Thomson v Imperial College Healthcare NHS Trust EAT/0218/14, the EAT upheld an employment tribunal's ruling that a conduct dismissal was unfair because the chair of the disciplinary panel had no training or experience in the role, and he impermissibly dismissed for what amounted to serious but not gross misconduct. The employee had, however, failed to establish that there was any failure to make reasonable adjustments.