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- Date:
- 11 July 2011
- Type:
- Employment law cases
In Bowater v Northwest London Hospitals NHS Trust [2011] IRLR 331 CA, the Court of Appeal held that an employment tribunal was entitled to find that the dismissal of a nurse for making a lewd comment in the course of restraining an epileptic patient was outside the range of reasonable responses. It was intended as a humorous remark, and there was no evidence that the patient or any member of the public heard it.
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- Date:
- 7 July 2011
- Type:
- Employment law cases
The Employment Appeal Tribunal has held that the tribunal was correct to find that a termination payment labelled as "ex gratia" was not pay in lieu of notice.
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- Type:
- Employment law cases
Claire Benson is managing associate and Helen Corbett, Sinead Jones, Helen Ward and Tori O'Neil are associates at Addleshaw Goddard LLP. They round up the latest rulings.
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- Date:
- 28 June 2011
- Type:
- Employment law cases
The Employment Appeal Tribunal has held that an employee who was dismissed for refusing to work because of health and safety concerns, even though his employer genuinely believed that there was no danger, could be automatically unfairly dismissed.
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- Type:
- Employment law cases
This case involves an employer's use of handwriting experts to ascertain which employee was responsible for graffiti in its factory toilets.
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- Date:
- 21 June 2011
- Type:
- Employment law cases
The Employment Appeal Tribunal has held that, in a collective redundancy situation, there will be an election of employee representatives where the number of nominees equates to the number of available places, even where there is no ballot.
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- Date:
- 15 June 2011
- Type:
- Employment law cases
The Employment Appeal Tribunal has held that it is the transferee, rather than the Secretary of State, that is liable to pay the unfair dismissal basic award and notice of an employee who is dismissed after a "pre-pack" administration and TUPE transfer of the business as a going concern.
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- Type:
- Employment law cases
The employer in this case did not have absolute proof that the employee had committed misconduct, but carried out a thorough investigation that showed that it was highly likely that he had.
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- Type:
- Employment law cases
This case involves an employer that, rather than deal with problems with an employee's behaviour and attitude by giving him a series of warnings, used them as an excuse to dismiss him.
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- Type:
- Employment law cases
This case involves a common problem for employers: an employee suspected of abusing his or her holiday entitlement.