Unfair dismissal
The Employment Appeal Tribunal (EAT) has held that the employee had no reasonable expectation of privacy in respect of inappropriate emails and photographs on his iPhone relating to a work colleague that affected the workplace.
In MBNA Ltd v Jones EAT/0120/15, the EAT held that the employee was fairly dismissed despite the fact that a colleague involved in the same incident received a final written warning.
The Employment Appeal Tribunal (EAT) has held that an employee's written acceptance of new terms of employment for a demoted role did not affirm the contract of employment. The employee had worked in the demoted position under protest.
Lauren Evans, Iain Naylor, David Rintoul, Lucy Sorell and Rachael Wake are associates at Addleshaw Goddard LLP. They round up the latest rulings.
The Employment Appeal Tribunal (EAT) has affirmed that an employee who makes up, or exaggerates the effects of, an injury or illness to take fraudulent sick leave is fundamentally breaching the implied term of trust and confidence and can be dismissed for misconduct.
David Malamatenios is a partner in the employment department at Colman Coyle Solicitors. He rounds up the latest rulings.
This first-instance tribunal decision shows that a series of incidents in which an employee is warned for verbally abusing colleagues can combine to lead to a fair dismissal, even if taken individually the incidents do not justify dismissal.
The dismissal of an immigration officer for taking a bribe was held to be fair by the employment tribunal. The employer was entitled to conclude that the honesty and integrity of the employee, who performed an important public function, was in doubt because she did not immediately report the bribe.
This tribunal decision concerns a long-serving employee who was dismissed for persistent lateness following an accumulation of warnings.
In Adeshina v St George's University Hospitals NHS Foundation Trust [2015] IRLR 704 EAT, the EAT held that flaws in disciplinary proceedings leading to a dismissal were remedied by the appeal process, and that the dismissal was fair.
HR and legal information and guidance relating to unfair dismissal.