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 […]
Case Law Update: Palmer vs AIMS Markets Limited
In the case of Palmer vs AIMS Markets Limited, Mr Palmer applied for a role as a senior HR professional but was unsuccessful following alleged comments from the prospective employer that they wished to recruit ‘fewer white men’. Whilst he was unsuccessful in his discrimination claims, the employment tribunal decided that he did not have […]
Case Law Update: Dwight Pile-Grey vs Ministry of Defence
In the case of Dwight Pile-Grey vs Ministry of Defence, Mr Pile-Grey has successfully claimed direct race discrimination, harassment and victimisation against the Ministry of Defence (MoD) after his 16-year career in the Army. Following a dispute with white soldiers who doubted his identity as a soldier, culminating in accusations of playing the “race card”, […]
Case Law Update: Mr J. Richardson v West Midlands Trains
In the case of Mr J. Richardson v West Midlands Trains, Richardson was summarily dismissed following workplace pranks involving the shed skins of a tarantula and a snake. The case was dealt with as a bullying and harassment matter, however as the incident did not meet the threshold of seriousness required for something to be […]
Case Law Update: Topps Tiles Plc v Hardy [2023] EAT
In this case, Mr Hardy who had been employed by Topps Tiles since 2002, filed a complaint alleging unfair dismissal and disability discrimination after being dismissed from his position as a store manager in November 2019. He claimed to have suffered from depression for twenty years and insisted that his employer was aware of this fact. […]
What is constructive unfair dismissal?
Constructive unfair dismissal is when an employee is forced to leave their job against their will. Constructive unfair dismissal can be a result of an employer’s conduct such as a sudden demotion, pay reduction or job role change which leaves the employee feeling that they have no other option, but to resign. The Employment Rights […]
What is Constructive Unfair Dismissal?
Constructive unfair dismissal is when an employee is forced to leave their job against their will. Constructive unfair dismissal can be a result of an employer’s conduct such as a sudden demotion, pay reduction or job role change which leaves the employee feeling that they have no other option, but to resign. The Employment Rights Act […]
First COVID – 19 Case Reaches Court of Appeal
Just prior to Christmas, the first COVID-19 related case reached the Court of Appeal. The court heard that an employee who failed to attend work during COVID-19 because they believed that they would be faced with serious and imminent danger had not been unlawfully dismissed. The Tribunal Case Rogers v Leeds Laser Cutting is the […]
What did P&O get wrong?
In this month’s hot topic, we examine the actions of P&O Ferries which led to public outcry at the time and consider what they should have done instead in line with UK employment law. P&O Ferries became a case study on how not to manage redundancy dismissals, following the way in which they dismissed 786 […]
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 […]
P&O Ferries pay more than £36 million in compensation
The mass scale dismissals carried out by P&O Ferries have led to a huge reaction from members of the public, trade unions as well as the Government. The company made a shock announcement to all 786 employees towards the end of March, in which they confirmed that their employment would end with immediate effect. The […]
Employment tribunal awards 2019
In an employment tribunal case, a Claimant (i.e. employee or worker) is the person who brings the claim against the Respondent (the individual or organisation responding to the claim i.e. the employer). If the Claimant is successful in his or her claim, the Employment Judge has the power to make a financial award to the […]
Case Law: Mulberry wins discrimination claim
Mulberry wins discrimination claim as copyright protection is found not to be a philosophical belief Gray v Mulberry (EWCA) The employee was a Marketing Support Assistant for Mulberry, the luxury goods company. In this role she had access to Mulberry’s designs before they were launched. She signed an employment contract but refused to sign an additional […]
£2m ruling for whistleblow dismissal and directors held personally liable
In 2017 International Petroleum Ltd (IPL) appealed the tribunal decision which found that their Chief Executive had been unfairly dismissed for making protected disclosures about the business’ operations and contracts which were awarded in West Africa. The Chief Executive had several disagreements with the company Chairman and one of the largest shareholders about his concerns. […]
Tribunal lost despite comparing employer to North Korean Dictatorship
An estate agent boss, who recently lost his claim of constructive dismissal, accused his former employer of running the company like a dictatorship. Mr Elgey resigned from his job as Managing Director at Cumberland Estate Agents in Carlisle in 2016 after accusing parent company, Cumberland Building Society, of acting like North Korea’s dictatorship. He claimed that […]
Man wins tribunal over sacking for Facebook post
A man sacked from his job for sharing a rival butcher’s special offers on Facebook, has been awarded a pay out of £6,091, after winning an employment tribunal against his former bosses. Michael Hayward had worked for Wigan-based butchers Noel Chadwick, for seven and a half years before being fired for recommending a discount […]
Comment to secretary costs defence firm £360,000 compensation
A court has ordered BAE systems to pay out £360,000 to a secretary after a manager told her that women are more emotional about things than men. A tribunal hearing had instructed the arms manufacturer to make the compensation payment to Marion Konczak in 2014. However, the firm lodged an appeal claiming the judgement […]
DWP Criticised for Disability Discrimination
The Department of Work and Pensions has come under fire from its staff, accusing it of disability discrimination. The latest staff survey has seen over 1,400 DWP civil servants claim incidences of bullying and harassment taking place at work, because of disability. These figures are up from more than 1,000 that was reported the previous […]
“Don’t Come Back on Monday” is an Unfair Dismissal
A recent Employment Tribunal has shown how important it is to follow procedure when carrying out a dismissal. Mr Townsend was a driver for Commercial Storage Ltd, a small family business run by Mr Cooke. Mr Cooke called Mr Townsend into work during his annual leave to set up a new truck, which Mr Townsend […]