The employment tribunal held that the claimant was unfairly dismissed for comments on Facebook about his workplace, although his compensation was reduced by 50%.
The Court of Appeal has held that an employer's decision to start a second set of disciplinary proceedings after an employee has already been disciplined for the same offence does not automatically render a subsequent dismissal unfair.
The employer in this tribunal case successfully defended a man's sex discrimination claim over the common issue of its dress and appearance code applying different rules to men and women.
David Malamatenios is a partner and Colin Makin, Sandra Martins, Melissa Powys- Rodrigues and Linda Quinn are associates at Colman Coyle Solicitors. They round up the latest rulings.
In The Manchester College v Hazel and another EAT/0642/11 & EAT/0136/12, the EAT upheld a ruling by the employment tribunal that dismissals as a result of post-TUPE-transfer harmonisation were automatically unfair because they did not constitute an ETO reason "entailing changes in the workforce".
The employment tribunal held that a mother's six absences totalling seven days in a 12-month period constituted a "reasonable" amount of time off for dependants under s.57A of the Employment Rights Act 1996.
Victoria Bell is a managing associate and Chris McAvoy, Poppy Fildes, Rosie Kight and Helen Samuel are associate solicitors at Addleshaw Goddard LLP. They round up the latest rulings.
In Local Government Yorkshire and Humber v Shah EAT/0587/11 & EAT/0026/12, the EAT held that the potential uplift in compensation awarded where an employer unreasonably fails to comply with the "Acas code of practice on disciplinary and grievance procedures" applies only in the case of employees. A worker who was subjected to an unlawful detriment was not entitled to an uplift.
The European Court of Human Rights has held that a Christian employee's right to freedom of thought, conscience and religion under art.9 of the European Convention on Human Rights was breached when the UK courts found that she was not discriminated against by British Airways' uniform policy, which prevented her from wearing visible items of jewellery at work.