Case law updates

Case law updates

Tribunal rules for wrongful dismissal following flawed investigation

A mental health practitioner, Mr Gormley, dismissed for gross misconduct in March 2023 after City of York council received a formal complaint about comments he was alleged to have made to colleagues, has won his …

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Case law updates

Tribunal finds for dismissed warehouse worker after employer committed ‘numerous’ and ‘serious’ breaches of ACAS Code

A warehouse worker who was sacked after a colleague discovered an online video of him being confronted by paedophile hunters while waiting to meet a 14-year-old girl was unfairly dismissed, a tribunal ruled.  It heard that …

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Case law updates

Claim for wrongful dismissal succeeds following serious flaws in the disciplinary process

The East of England Ambulance Service has been required to pay compensation of nearly £50k to a former paramedic after wrongfully dismissing him for assault allegations. Peter Edwards, who worked as a senior paramedic, was …

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Case law updates

Disciplining twice for the same offence not automatically unfair

Whilst an employee should not generally be disciplined twice for the same offence, a recent case shows that in exceptional circumstances an employer can reopen disciplinary proceedings that had been previously concluded. In the case …

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Case law updates

Cleaners win Unfair Dismissal claim due procedural unfairness by employer

A Tribunal has found that two cleaners were unfairly dismissed when the allegations of rude and abusive behaviour towards colleagues and clients were not  conducted in a “procedurally fair manner”. The two women, sisters, had …

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Case law updates

Grievance process at fault in successful constructive dismissal claim.

A former Weetabix employee has won a constructive dismissal case against the company after resigning twice over his manager’s “profane management style”. The employment tribunal found that Gary Mobbs, former health, safety and environment manager …

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