Case law updates

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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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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