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- Type:
- Employment law cases
This week's case of the week, provided by DLA Piper, covers constructive dismissal.
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- Type:
- Employment law cases
In this case, a small employer's careful disciplinary investigation, using CCTV footage, led to the successful defence of an unfair dismissal claim.
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- Type:
- Employment law cases
This is a rare instance, along with the decision in Barlow v Ranc Care Homes Ltd ET/1101527/10, of an employment tribunal ordering an employer to reinstate an unfairly dismissed employee.
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- Type:
- Employment law cases
Employment tribunals do not have to delve too deeply into the reasons why an earlier warning was issued when an employee is later dismissed for further misconduct or poor performance while that warning is still live, as we can see from this judgment. They need to look behind the original warning only in exceptional circumstances, for example where there is evidence that it was issued in bad faith.
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- Date:
- 20 July 2011
- Type:
- Employment law cases
The Supreme Court has held that teachers employed by the Government to work in European Schools, which it described as "international enclaves", are entitled to bring unfair dismissal claims in the UK.
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- Type:
- Employment law cases
In this case, the tribunal held that a police force was entitled to dismiss a long-serving employee who admitted that she had committed a single act of dishonesty outside work.
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- Type:
- Employment law cases
The employer in this case unfairly dismissed an employee whom it strongly suspected of moonlighting, but where it did not have definitive proof. Although the dismissal was procedurally unfair, the claimant's compensation was reduced to zero because the employer's suspicions were later verified.
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- Date:
- 11 July 2011
- Type:
- Employment law cases
The Employment Appeal Tribunal has held that, when considering whether or not a dismissal for refusing to take a pay cut was fair for "some other substantial reason", the employment tribunal should look at the reasonableness of the employer's decision to dismiss, not whether or not the employee was reasonable in refusing the reduction in wages.
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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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- 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.