The employment tribunal held that the employer discriminated against the claimant on the ground of age by making him redundant because he was close to retirement. The tribunal drew an inference of age bias against the claimant from workplace banter related to age, including colleagues nicknaming him "Yoda".
This employment tribunal awarded over £59,000 to a claimant who had suffered from stress and was eventually dismissed after confusion over a management instruction.
This week's case of the week, provided by DLA Piper, covers the dismissal of a police worker who withheld information from the police on his criminal brother.
This case serves as a reminder to employers of the risks that can accompany Christmas parties, although the company in this case navigated the issues admirably.
A dismissal for fighting at a Christmas party involving individuals who attempt to play down the seriousness of the incident can be fair, as this case shows.
Georgina Kyriacou and David Malamentenios are partners and Melissa Powys-Rogrigues, Sandra Martins, Colin Makin and Krishna Santra are associates at Colman Coyle Solicitors. They round up the latest rulings.
The Court of Appeal has held that the "band of reasonable responses" test for determining unfair dismissal claims does not need to be modified where an employee's rights under art.8 of the European Convention on Human Rights are engaged as a result of his or her dismissal.