Dismissal for Facebook ‘banter’ was fair
An employer can fairly dismiss an employee for making derogatory comments on a personal Facebook account.
July 31, 2015 No Comments
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Sick workers can choose to carry over annual leave
Workers on sick leave can choose to carry over their annual leave for up to 18 months after the leave year in which it accrued.
July 31, 2015 No Comments
Summary dismissal for health and safety breach was unfair
An employer’s decision to dismiss an employee summarily on grounds of gross misconduct was not a reasonable response to an employee’s failure to adhere to a new health and safety procedure. It was therefore outside of the ‘range of reasonable responses’ open to the employer, and it constituted an unfair dismissal.
July 31, 2015 No Comments
Works councils: request must be made by 10% of the whole business’ workforce
In the context of the Information and Consultation of Employees Regulations 2004, an “undertaking” refers to a legal entity – i.e. the employer as a whole – rather than individual business units.
July 31, 2015 No Comments
Ignorance of need to consult collectively no bar to protective awards
An employer’s claim that it failed to consult collectively because it was not aware that it was obliged to do so is no excuse, and protective awards (of up to three months pay per employee) remain payable in such circumstances.
July 31, 2015 No Comments
Employee fairly dismissed despite procedural defects
A fairly conducted appeal is capable of remedying even serious procedural defects in the first part of a disciplinary process.
July 31, 2015 No Comments
Employee transferred under TUPE despite client instruction to remove her from the contract
If a client instructs that an employee be removed from working on its contract which is set to transfer under TUPE, that employee will still transfer if the outgoing employer decides not to heed the instruction.
July 31, 2015 No Comments
Peripatetic workers ‘at work’ when travelling between home and assignments
Peripatetic workers are considered ‘at work’ when travelling between their homes and assignments given to them by their employer.
July 31, 2015 No Comments
No duty to disclose allegations of misconduct to employer
An employee does not have an implied duty to disclose to his employer allegations made against him whilst working elsewhere.
July 17, 2015 No Comments
Dismissal of outspoken Christian employee was discriminatory
The dismissal of a Christian employee who expressed negative views in respect of her colleague’s homosexual lifestyle was held to be discriminatory.
July 17, 2015 No Comments
Employee who smelled of alcohol was unfairly dismissed
In the absence of evidence suggesting that an employee is unable to do his job, it was unreasonable for an employer to dismiss an employee for coming to work whilst smelling of alcohol.
July 1, 2015 No Comments
Request to wear shorter jilbab: discrimination or health and safety?
An employer’s request that a Muslim employee wear a shorter jilbab for health and safety reasons was held not to be discriminatory.
June 10, 2015 No Comments
