Case law updates

Case law updates

Failure to interview witnesses did not amount to an unreasonable investigation

In Moncrieffe v London Underground Limited the EAT found that notwithstanding the employer’s failure to interview two potential witnesses, and the long and unblemished service of the claimant, the Tribunal had not been wrong to …

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Case law updates

Failure to manage performance and poor investigation combine to demonstrate constructive dismissal

In Williams v Meddygfa Rrhdbach Surgery a medical practice manager has won a constructive dismissal case against her former employer after claiming she was bullied by a “brusque and blunt” doctor. Williams had worked for …

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Case law updates

Long service not a defence for unacceptable social media comments

In Plant v API Microelectronics Ltd. an employment tribunal has rejected an unfair dismissal claim by a long-serving employee with a clean disciplinary record who was dismissed due to comments made on Facebook about her employer. Plant …

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Case law updates

ET understands reason for employer interference in choice of companion

In Gnahoua v Abellio London Ltd, an Employment Tribunal held that whilst the employer breached the claimant’s right to be accompanied when it refused to allow his chosen companions to accompany him at a disciplinary …

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Case law updates

“Surrounding circumstances” important in dismissal decisions

In Arnold Clark Automobiles Ltd v Spoor the EAT upheld a Tribunal decision that Spoor was unfairly dismissed after he had violently grabbed a colleague by the neck. Although Spoor had apologised the next day, …

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Case law updates

“Balancing exercise” critical in dismissal of disabled employee

In City of York v Grosset, in upholding an earlier Tribunal decision, the EAT has emphasised the importance of a proportionate response before disabled employees are dismissed. Grosset was Head of English at a secondary …

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