In Pazur v Lexington Catering Services Ltd, the Employment Appeal Tribunal held that a kitchen porter had been subjected to a detriment when he was threatened with dismissal after he refused to return to work following a breach of his right to a rest break.
In Hare Wines Ltd v Kaur and another, the Court of Appeal upheld the tribunal's decision that the employee's dismissal was automatically unfair by reason of a TUPE transfer because the employer had not taken action to resolve her poor working relationships prior to the transfer, but did so by dismissing her at the time of the transfer.
In Morris v Metrolink RATP DEV Ltd, the Court of Appeal held that a trade union representative who retained confidential information related to a restructuring exercise was unfairly dismissed.
In Really Easy Car Credit Ltd v Thompson, the Employment Appeal Tribunal (EAT) allowed the appeal and held that the employer was not obliged to revisit its decision to dismiss when it became aware that the employee was pregnant.
In Royal Mail Ltd v Jhuti [2018] IRLR 251 CA, the Court of Appeal held that the motivation of a manager who manipulated evidence to procure the dismissal of a whistleblowing employee could not be attributed to the employer, as the decision to dismiss was taken by a manager who was not motivated by the employee's protected disclosures.
The Court of Appeal has held that a claimant cannot succeed in a whistleblowing unfair dismissal claim where the decision-maker was unaware of the protected disclosure at the time of the decision to dismiss.
In Morgan v Royal Mencap Society, the Employment Appeal Tribunal (EAT) held that an employment tribunal was wrong to strike out a whistleblowing claim on the basis that an employee's complaint about cramped working conditions was not "in the public interest". Naomi Clarkson explains this recent employment case.
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.
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.