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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.
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- Date:
- 22 January 2019
- Type:
- Commentary and insights
With the Court of Appeal due to hear the appeal against the High Court decision in Agoreyo that the suspension of a teacher was a repudiatory breach of contract, consultant editor Darren Newman looks at the issue of suspension when it relates to safeguarding concerns.
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- Type:
- Employment law cases
In Asda Stores Ltd v Raymond, the Employment Appeal Tribunal (EAT) upheld the tribunal decision that the employer's failure to conduct a reasonable investigation and to take reasonable care during the disciplinary process made the employee's dismissal unfair. The EAT also upheld the tribunal's ruling that his dismissal arose from his disability.
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- Type:
- Letters and forms
A model letter informing an employee of the outcome of a stage 3 long-term sickness absence formal review meeting.