Case law updates

Case law updates

Long-term stress is not always a disability

In Herry v Dudley Council the Tribunal dealt with the question of whether long term stress counts as disability for the purposes of the Equality Act. Herry claimed to be disabled by virtue of workplace …

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Case law updates

Expired warnings can be used – exceptionally

In Stratford v Auto Trail VR the EAT decided that it was fair to take into account previous misconduct by an employee even though it was the subject of expired warnings. ​Stratford was dismissed for …

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Case law updates

Negligent omission can be gross misconduct

In the case of Adesokan v Sainsbury’s Supermarkets Ltd the Court of Appeal has turned down an appeal that a one-off act of misconduct did not justify dismissal. The case arose out of Sainsbury’s use of  …

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Case law updates

Employee’s work emails are not the employer’s property

In Capita plc & another v Darch & others the High Court has ruled that employers do not have a claim to property in emails or the contents of emails sent by employees from the employer’s …

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