Case law updates

Case law updates

ECHR says employer wrong to monitor private messages

The European Court of Human Rights (ECHR) has ruled that a worker had his rights breached when his private emails were monitored by his employer without his knowledge. Romanian national Bogdan Bărbulescu was employed as …

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Case law updates

Suspension was a breach of the implied term of mutual trust and confidence

In Agoreyo v London Borough of Lambeth a teacher was suspended because of the force she allegedly used on two children. She was not asked for her response to the allegations and there was no …

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Case law updates

Unfair Dismissal ruling shows importance of following proper disciplinary procedure

An Employment Tribunal has ruled against an employer for dismissing an employee who had recommended another retailer’s discounted product to his girlfriend on social media. Michael Hayward had worked for Noel Chadwick, a Butcher’s in …

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Case law updates

Failure to fix ‘breakdown of working relationships’ led to unfair dismissal

An Employment Appeal Tribunal has ruled that a brain surgeon was unfairly dismissed after he was prevented from returning to work following a sabbatical in the Cayman Islands. James Akinwunmi made complaints that other consultants …

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Case law updates

Court of Appeal ruling gives guidance on “public interest test”

In the case of Chesterton Global Ltd and another v Nurmohamed an appeal by the employer, arguing that the disclosure of confidential profit and loss figures by its former senior manager Mr Nurmohamed had not been …

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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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