Latest EAT Judgments- Bivonas LLP & Ors v Bennett (Sexual Orientation Discrimination or Transexualism) [2011] UKEAT 0254_11_3101 (31 January 2012)
- Odukwe v The Partners of Hoare Lea Consulting Engineers (Jurisdictional Points : 2002 Act and pre-action requirements) [2012] UKEAT 0547_10_2701 (27 January 2012)
- Amin v Wincanton Group Ltd (Jurisdictional Points : 2002 Act and pre-action requirements) [2011] UKEAT 0508_10_2501 (25 January 2012)
- Roberts v North West Ambulance Service (Disability Discrimination : Reasonable adjustments) [2011] UKEAT 0085_11_2401 (24 January 2012)
- O' Cathail v Transport For London (Practice and Procedure : Case Management) (Rev 1) [2011] UKEAT 0247_11_1301 (13 January 2012)
- Scottish Ambulance Service v Truslove & Anor (Working Time Regulations) [2012] UKEAT 0028_11_1201 (12 January 2012)
- Collins v Club 24 Ltd (t/a Ventura) (Victimisation Discrimination) [2012] UKEAT 0028_11_1201 (12 January 2012)
- Vetco Gray UK Ltd v Garden (Unfair Dismissal : Reasonableness of dismissal) [2012] UKEAT 0025_11_1101 (11 January 2012)
- Simpson v Strathclyde Police & Anor (Practice and Procedure : Imposition of Deposit) [2012] UKEAT 0030_11_1001 (10 January 2012)
- Mustafa v Guy's And St Thomas NHS Foundation Trust (Practice and Procedure : Striking-out or dismissal) [2011] UKEAT 0516_11_2212 (Rev 1) (22 December 2011)
Category Archives: Disciplinary
Fit notes – what can you do when you’re off on the sick?
Back in my consultancy days I had many conversations with employers, convinced an absent employee was swinging the lead, haloo with delight when they caught said employee driving past the office / going to Tesco’s / whatever. There’s a common … Continue reading
Posted in Absence, Disciplinary
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When can the Tribunal order reinstatement or re-engagement?
Unfair dismissal law was originally written, and is still phrased, such that the primary remedy for unfair dismissal is an order for reinstatement or re-engagement, rather than compensation. They are however a minority, the vast majority of Claimant employees opting … Continue reading
Posted in Disciplinary, Employment Tribunal, Reinstatement & Re-engagement, Remedies
Tagged Employment Tribunal
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Article 6 right to legal representation in disciplinaries
It’s a common request – “Can I bring a solicitor to my disciplinary?” – and a surprise to many employers that they have a right to refuse. There is a right under the Employment Relations Act 1999 to be accompanied … Continue reading
Annual Limits Increase details released
The most common limits increase as follows: The cap on a week’s pay for Statutory Redundancy Payments, the basic award, and related purposes – up from £330 to £350; Maximum compensatory award on a finding of unfair dismissal – up … Continue reading
Posted in Disciplinary, Employment Tribunal, Redundancy, Remedies, Unfair Dismissal
Tagged Employment Tribunal, Unfair Dismissal
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But I don’t want to sack him…
In other news this November, everyone seemed to be calling for the sacking of someone. From the social workers charged with the care of Baby P, to foolish radio presenters, dismissal has hit the headlines. Ross & Brand What faced … Continue reading
Muslim worker claims discrimination over “terrorist” birthday card
The Telegraph reports on a Muslim employee who was given a birthday card for his 40th birthday, inscribed with the (joking) message that he was now too old to be terrorist. Omar Fikri brought a claim under the Race … Continue reading
Posted in Disciplinary
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Apprenticeships
Apprentices aged under 19, or who are in the first year of their apprenticeships, do not qualify for the minimum wage. There has a been a de facto minimum of £80 per week for the last couple of years, simply … Continue reading
Posted in Contracts of Employment, Disciplinary, Status
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Gay church employee succeeds in discrimination claim
Stephen Price, an openly-gay practising Christian, won his tribunal claim against the Presbyterian Church in Wales. A BBC report and ‘steps-of-the-tribunal’ interview is here. Although it’s an obvious headline-grabber there’s not much surprising here legally; once the tribunal had come … Continue reading
Posted in Disciplinary
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Acas consults on draft Code of Practice on discipline and grievance
The Code is intended to come into force in April 2009 at the same time as the abolition of the hated statutory Dispute Resolution procedures, and is currently open for consultation. Acas have taken the tack of having two documents – … Continue reading
Blacklist
The National Staff Dismissal Register will be a searchable database of employees who have been dismissed for ‘dishonesty’ or have resigned while dismissal proceedings are ongoing - see the article on Personnel Today. I’m amazed this hasn’t generated more headlines. It’s … Continue reading
Posted in Constructive Dismissal, Disciplinary, Discrimination, Unfair Dismissal
Tagged Unfair Dismissal
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