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- Date:
- 29 January 2008
- Type:
- Employment law cases
The Employment Appeal Tribunal has held that, in the circumstances of the case, the issue of disparate treatment did not arise when an employee was dismissed but another was not disciplined.
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- Date:
- 10 December 2007
- Type:
- Employment law cases
In Corus UK Ltd v Mainwaring EAT/0053/07, the EAT held that an employer did not act unreasonably when it failed to interview an informant who alleged that a fellow employee was malingering, as that allegation merely triggered a fair investigation. In addition, it was not necessary for the employer to seek medical evidence from a specialist consultant, it being reasonable for it to rely on evidence about the employee's medical condition from a GP.
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- Date:
- 13 June 2007
- Type:
- Employment law cases
In Airbus UK v Webb EAT/0453/06 the EAT has held that where an employee was dismissed for gross misconduct, but would not have been dismissed but for the fact that he had an expired final written warning on his record, the dismissal was unfair. The result of the expiry of the warning was that he was entitled to be treated as though he had no disciplinary record at all.
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- Date:
- 26 February 2007
- Type:
- Employment law cases
In Prakash v Wolverhampton City Council EAT/0140/06, the Employment Appeal Tribunal holds that where a fixed-term contractor's dismissal for misconduct was overturned by an appeal decided after the expiry date of the contract, the effect of the successful appeal was to reinstate the terms of the original contract. It could not extend the life of the contract beyond its expiry date.
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- Date:
- 19 January 2007
- Type:
- Employment law cases
In Chairman and Governors of Amwell View School v Dogherty EAT/0243/06, the Employment Appeal Tribunal holds that an employment tribunal was not entitled to admit as evidence in unfair dismissal proceedings recordings of a disciplinary panel's private deliberations.
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- Date:
- 1 December 2006
- Type:
- Employment law cases
In Taylor v OCS Group Ltd [2006] IRLR 613 CA, the Court of Appeal holds that defects in the conduct of a disciplinary hearing are capable of being "cured" in an internal appeal even if it does not amount to a full rehearing of the issue. In addition, a deaf employee not given the opportunity to have an interpreter at his disciplinary hearing was not treated less favourably for a reason related to his disability.
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- Date:
- 19 May 2006
- Type:
- Employment law cases
In Diosynth Ltd v Thomson [2006] IRLR 284 CS, the Court of Session has made it clear that an employer is not entitled to take into account expired disciplinary warnings in making disciplinary decisions in respect of employees
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- Type:
- Employment law cases
Sophy Robinson and Karen Fletcher of Addleshaw Goddard outline the latest legal rulings and explain what you need to know to avoid tribunals.
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- Date:
- 3 February 2006
- Type:
- Employment law cases
In Arriva North West & Wales v Colebourn, the EAT holds that the employment tribunal erred in excluding additional evidence that was adduced at a second internal appeal on the grounds that it could be taken into account only if there was a complete re-hearing.
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- Type:
- Employment law cases
This week's case round-up from Eversheds, covering unfair dismissal.