-
- Type:
- Employment law cases
In Hale v Brighton and Sussex University Hospitals NHS Trust, the Employment Appeal Tribunal (EAT) held that the decision to instigate the disciplinary procedure was not a one-off act, but the start of a state of affairs that would continue until the conclusion of the disciplinary process.
-
- Type:
- Employment law cases
In NHS 24 v Pillar EAT/0051/16, the EAT held that the inclusion in an investigative report of details about previous conduct in respect of which no disciplinary action was taken did not render a misconduct dismissal unfair.
-
- Type:
- Employment law cases
In Royal Surrey County NHS Foundation Trust v Drzymala, the Employment Appeal Tribunal considered the fairness of an employee's dismissal by her employer's decision not to renew her fixed-term contract, including the effect of the employer's compliance with the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002.
-
- Type:
- Employment law cases
In Day v Health Education England and others [2017] IRLR 623 CA, the Court of Appeal held that a trainee doctor was not prevented from bringing a whistleblowing claim against the third-party introducer by the fact that he was engaged as a worker by the hospital trust to which he was assigned. His claim could proceed if the introducer could be said to substantially determine the conditions under which he worked in accordance with s.43K of the Employment Rights Act 1996.
-
- Type:
- Employment law cases
The Supreme Court has considered whether or not an employment tribunal has jurisdiction to hear a complaint by a doctor against the General Medical Council for discrimination.
-
- Type:
- Employment law cases
The Employment Appeal Tribunal (EAT) has held that including details of previous non-disciplinary incidents in the investigation report did not make the dismissal unfair.
-
- Type:
- Employment law cases
The Employment Appeal Tribunal (EAT) has held that, on the particular facts, the employee's dismissal for 20 months' unauthorised absence was unfair.
-
- Type:
- Employment law cases
The Court of Appeal has held that, where the reason or principal reason for a dismissal is because the employee made a disclosure, the question of whether or not that disclosure is protected falls to be determined objectively by the tribunal, and not the employer.
-
- Type:
- Employment law cases
The Court of Appeal has held that the employment tribunal incorrectly struck out the appellant's claim against Health Education England (HEE). The Court remitted the claim to a fresh tribunal to decide, as a preliminary issue, if the appellant was a worker in relation to HEE under the whistleblowing provisions of the Employment Rights Act 1996.
-
- Type:
- Employment law cases
The Court of Appeal has held that the employer was not required to match each category of gross misconduct to each allegation
and that how the conduct was eventually categorised was a matter for the decision-maker after all the evidence had been adduced.