Managing employees/workers
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.
In McMillan v Airedale NHS Foundation Trust [2014] IRLR 803 CA, the Court of Appeal held that the NHS had no contractual right to increase a disciplinary sanction on a doctor's internal appeal against that sanction.
The Employment Appeal Tribunal (EAT) has held that an employer was not obliged to put the disciplinary process on hold until the employee's grievance had been investigated.
The Employment Appeal Tribunal (EAT) has held that the employment tribunal adopted an unduly restrictive approach when deciding that the time spent by two trade union representatives attending union meetings during the day was not "working time". The EAT said that the correct approach is to take into account the aims of the EU Directive relating to working time.
An employment tribunal has struck out whistleblowing claims brought by an individual who argued that he made a protected disclosure when he complained that his line manager had been rude to a colleague. The claimant did not reasonably believe that he was making the disclosure "in the public interest".
The Court of Appeal has revisited the issue of warnings and confirmed that a warning given in bad faith cannot be relied on to justify a dismissal.
David Malamatenios is a partner, Colin Makin, Sandra Martins and Krishna Santra are senior associates, and Hinal Raichura is a trainee at Colman Coyle Solicitors. They round up the latest rulings.
The Employment Appeal Tribunal (EAT) has held that allegations about accounting malpractices that affected the bonuses and commission of 100 senior managers were made in the reasonable belief that they were in the public interest.
The Employment Appeal Tribunal (EAT) has held that a dismissal was procedurally unfair because the chair of the disciplinary panel had no experience or training in conducting disciplinary hearings. This led to the disciplinary panel misapplying the disciplinary procedure, and in these circumstances, the EAT found the dismissal was also substantively unfair.
James Buckley, Iain Naylor, Chris McAvoy and Lucy Sorell are associates and Mona Jackson is a trainee solicitor at Addleshaw Goddard LLP. They round up the latest rulings.
Employment law cases: HR and legal information and guidance relating to managing employees/workers.