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Case Law Update – Petrofac Offshore Management Ltd v Mr D C Wilson

Petrofac Offshore Management Ltd v Mr D C Wilson considers whether a gross misconduct dismissal may be unfair if the employee has previously received a disciplinary warning in respect of the same offence. In most cases, a one off act of gross misconduct would result in dismissal, but in some exceptional circumstances you may wish […]

Case Law Update – Miss S J Austin vs The Leeds Teaching Hospital NHS Trust

In Miss S J Austin vs The Leeds Teaching Hospital NHS Trust, a hospital secretary has been found to have been unfairly dismissed and discriminated against on the grounds of disability for repeatedly checking her own medical record. The tribunal found that the Hospital Trust did not take account of the fact that her behaviour […]

Ethical veganism is a protected belief

ethical veganism

In a pivotal legal development, the Employment Tribunal (ET) has officially recognised ethical veganism as a protected belief under section 10 of the Equality Act 2010. In the case of Casamitjana v The League Against Cruel Sports, the Employment Tribunal (ET) acknowledged the status of ethical veganism as a protected belief under section 10 of the […]

Uber’s AI may racially discriminate drivers

uber

Uber’s integration of Artificial Intelligence (AI) facial recognition for driver verification has sparked controversy, alleging racial discrimination against drivers. This case has not yet been heard in tribunal; however, it is a noteworthy topic as technology continues to rapidly integrate into working practices. Two unions are supporting two separate cases against Uber on this matter. […]

COVID – 19 and unfair dismissal

What is the case about? Another case ruling has been published relating to the COVID-19 pandemic. This time, it is an employment appeal tribunal ruling which considered whether an employee’s refusal to attend the workplace because of COVID-19 concerns was fair or not. The original employment tribunal ruled in April 2021 found in favour of […]

Suffering a detriment for the purpose of victimisation

What is the case about? In accordance with the Equality Act 2010, victimisation is defined when one person treats another person to a detriment either because that person has carried out a protected act or the first person believes the second person has carried out, or may carry out, a protected act. A protected act […]

Interesting Employment Tribunal Cases: Dismissal and Redundancy

Employment Law Tribunal Case | Dismissal & Redundancy | HR Solutions

This case law update article provides a digestible account of recent Employment Tribunal outcomes; where you get the background details on the case, the rationale behind the judgements and takeaway learning points. An Exceptional Fair Dismissal M Gallacher vs Abellio Scotrail Ltd A fair dismissal requires a proper procedure to be followed, and the decision […]

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