A reference form for regulated financial services employer to provide for a former employee being recruited to carry out a either a senior management function under the Senior Managers Regime or a certification function under the Certification Regime.
In Lenlyn UK Ltd v Kular EAT/0108/16, the EAT held that an employer's offer to an employee of a settlement agreement did not constitute a "protected conversation" because the employer had acted improperly in all the circumstances, and in doing so had also breached trust and confidence.
The Court of Appeal has held that an employee's failure to take action to remedy a situation was a serious dereliction of his duty that amounted to gross misconduct.
The Employment Appeal Tribunal (EAT) has held that the dismissal of an employee for physical violence was unfair because the employer failed to have regard to all the surrounding circumstances and the employee's exemplary disciplinary record over 42 years' service.
This tribunal decision concerns a long-serving employee who was dismissed for making derogatory comments about his colleagues and his employer that he had posted on Twitter up to three years previously.
The Employment Appeal Tribunal (EAT) has held that the dismissal of a teacher for showing an 18-rated film to a class of vulnerable 15- and 16-year-olds amounted to unfavourable treatment arising from his disability and was not justified.
In Khan v Stripestar Ltd EAT/0022/15, the EAT held that an employment tribunal was entitled to find that a dismissal was fair despite a wholly defective and unfair initial disciplinary hearing, because the subsequent internal appeal cured the defects earlier in the process.
The Employment Appeal Tribunal (EAT) has held that the circumstances surrounding a protected conversation made dismissal appear a foregone conclusion and amounted to a fundamental breach of contract.