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- Type:
- Employment law cases
In Atherton v Bensons Vending Ltd, an employment tribunal held that a small employer fairly dismissed an employee who made a personal attack on the managing director on Facebook. However, the claimant's wrongful dismissal was upheld because the employer could not show that his behaviour was so serious that it was entitled to dismiss him without notice pay.
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- Type:
- Employment law guide
Updated and enhanced and tailored to the needs of employers and HR professionals.
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- Type:
- Employment law guide
Updated to include information on the regulators' proposals concerning non-financial misconduct.
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- Type:
- Employment law cases
In Wilko Retail Ltd v Gaskell and another, the Employment Appeal Tribunal (EAT) held that an employment tribunal applied the wrong approach when assessing the reasonableness of the employer's decision to dismiss two employees for breaching its signing in and out policy.
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- Type:
- Employment law cases
In Governing Body of Tywyn Primary School v Aplin, the Employment Appeal Tribunal (EAT) upheld a headteacher's constructive dismissal and sexual orientation discrimination claims after his school mishandled disciplinary action over his lawful sexual activities with two 17-year-olds he met through Grindr.
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- Date:
- 28 March 2019
- Type:
- Commentary and insights
Although a recent Court of Appeal decision concerning suspension in relation to safeguarding concerns provides an element of reassurance for employers, consultant editor Darren Newman explains why suspension should still be used only sparingly.
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- Type:
- Employment law cases
In Elliott v RMS Cash Solutions Ltd, a Northern Ireland tribunal held that a cash transit firm fairly dismissed an employee whose Snapchat posts revealed a colleague's personal details. The posts increased the risk of "tiger kidnapping", which involves staff or their families being kidnapped to force staff to help commit a crime.
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- Type:
- Employment law cases
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.
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- Type:
- Employment law cases
In London Borough of Lambeth v Agoreyo, the Court of Appeal held that the proper test for the courts for deciding if an employee's suspension breached the implied term of trust and confidence is whether or not the employer's decision to suspend was a "reasonable and proper" response to the allegations.
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- Date:
- 11 February 2019
- Type:
- Commentary and insights
The Government has announced plans to change the way breaks in employment are treated, which could have a greater impact for local government than for employers in the private sector, due to the operation of the modification order.