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- Type:
- Employment law cases
An employment tribunal has held that an NHS trust unfairly dismissed an employee who was reported for coming to work smelling of alcohol, without further evidence that he was unfit for work.
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- Type:
- Employment law cases
In McMillan v Airedale NHS Foundation Trust [2014] IRLR 803 CA, the Court of Appeal held that the NHS had no contractual right to increase a disciplinary sanction on a doctor's internal appeal against that sanction.
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- Type:
- Employment law cases
In Thomson v Imperial College Healthcare NHS Trust EAT/0218/14, the EAT upheld an employment tribunal's ruling that a conduct dismissal was unfair because the chair of the disciplinary panel had no training or experience in the role, and he impermissibly dismissed for what amounted to serious but not gross misconduct. The employee had, however, failed to establish that there was any failure to make reasonable adjustments.
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- Type:
- Employment law cases
The Employment Appeal Tribunal (EAT) has held that a dismissal was procedurally unfair because the chair of the disciplinary panel had no experience or training in conducting disciplinary hearings. This led to the disciplinary panel misapplying the disciplinary procedure, and in these circumstances, the EAT found the dismissal was also substantively unfair.
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- Type:
- Employment law cases
The Supreme Court has restored the High Court decision granting a doctor an injunction to prevent an NHS trust from continuing flawed disciplinary action against her without first restarting and completing an investigation under its disciplinary policy.
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- Type:
- Employment law cases
This employment tribunal punished a large employer's failure to follow the "Acas code of practice on disciplinary and grievance procedures" by awarding a combined total of over £100,000 to two claimants who were unfairly dismissed.
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- Type:
- Employment law cases
The employment tribunal in this case concluded that it was open to an NHS trust to decide not to renew a consultant anaesthetist's fixed-term contract because it had recruited a number of permanent anaesthetists to take on the work.
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- Type:
- Employment law cases
This case is a useful early example, along with Williams v Ystrad Mynach College ET/1600019/11, of how employment tribunals are approaching the new concept of "discrimination arising from disability" under the Equality Act 2010. The claimant fell at the first hurdle by failing to demonstrate a link between his disability and his treatment by the employer.
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- Date:
- 25 July 2012
- Type:
- Employment law cases
The Court of Appeal has held that an NHS worker who was absent for the whole leave year and who did not submit any requests for annual leave during her absence was entitled to holiday pay on the termination of her employment.
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- Date:
- 22 May 2012
- Type:
- Employment law cases
The Court of Appeal has held that an NHS trust's decision to dismiss a doctor, which made it more difficult for him to practise in his chosen profession, did not engage his right to a fair and public hearing under the European Convention on Human Rights.