Misconduct dismissals

New and updated

• Type:

  Employment law cases

  EAT remits flawed tribunal decision that pub worker was fairly dismissed for "theft"

  In Dibble v Falzon and Falzon t/a The Anne Arms, the Employment Appeal Tribunal (EAT) found that there were fundamental flaws in a tribunal decision that a pub worker was fairly dismissed over CCTV footage of her taking money out of a bar till.

• Type:

  Employment law cases

  Unfair dismissal: Refusal to postpone disciplinary hearing when chosen companion unavailable

  In Talon Engineering Ltd v Smith, the Employment Appeal Tribunal (EAT) held that an employer's refusal to postpone a disciplinary hearing for two weeks to allow the employee's union official to accompany her made her dismissal unfair.

• Type:

  Employment law cases

  Dismissal: Successful appeal revives employment contract

  In Patel v Folkestone Nursing Home Ltd, the Court of Appeal held that the effect of a contractual right of appeal against dismissal is that a successful appeal revives the contract and extinguishes the original dismissal.

• Type:

  Employment law cases

  Unfair dismissal of driver whose bus became stranded in flooding

  In Bluebird Buses Ltd v Borowicki, the Employment Appeal Tribunal (EAT) upheld an employment tribunal's findings of unfair and wrongful dismissal in relation to a bus driver whose bus became stranded after he drove it into a patch of flooded road.

• Type:

  Employment law cases

  Unfair dismissal: Effect of gross misconduct on statutory minimum notice

  In Lancaster & Duke Ltd v Wileman, the Employment Appeal Tribunal (EAT) held that an employee who was dismissed for gross misconduct could not extend her length of service by the statutory minimum notice period to allow her to qualify to bring a claim of unfair dismissal.

• Type:

  Employment law cases

  Disability discrimination: Dismissal after menopausal symptoms resulted in medication mix-up

  In Davies v Scottish Courts and Tribunals Service, an employment tribunal upheld the unfair dismissal and disability discrimination claims of a court officer whose menopausal symptoms led to an incident in which she thought her medication had contaminated a water jug.

• Type:

  Employment law cases

  Unfair dismissal: Dismissal without notice where no single act of gross misconduct

  In Mbubaegbu v Homerton University Hospital NHS Foundation Trust, the Employment Appeal Tribunal (EAT) held that the summary dismissal of a surgeon was fair where the trust had relied on a pattern of conduct, but there had been no single act amounting to gross misconduct.

• Type:

  Employment law cases

  Head teacher fairly dismissed for failure to disclose association with convicted sex offender

  In Reilly v Sandwell Metropolitan Borough Council, the Supreme Court held that a head teacher was fairly dismissed for failing to disclose her association with a convicted sex offender.

• Date:

  21 March 2018

  Type:

  Commentary and insights

  Misconduct dismissals: Could the long-established approach to fairness be open to question?

  Consultant editor Darren Newman considers a recent case in which the Supreme Court judges seemed to cast doubt on the long-established approach to misconduct dismissals set out in Burchell.

• Type:

  Employment law cases

  Unfair dismissal: Dismissal for 20 months' unauthorised absence was unfair

  The Employment Appeal Tribunal (EAT) has held that, on the particular facts, the employee's dismissal for 20 months' unauthorised absence was unfair.