Case law updates

Case law updates

Supreme Court sets boundaries on vicarious liability claims

The Supreme Court has ruled that supermarket Morrisons was not vicariously liable for an employee’s breach of data protection laws. It says that the Court of Appeal had “misunderstood the principles governing vicarious liability in …

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Case law updates

Tribunal upholds workplace harassment claim following “atrociously poor” grievance investigation

An Employment Tribunal decision in the case of Beaney v Highways England has highlighted the importance of properly investigating and dealing with complaints of workplace sexual harassment. The claimant, Kim Beaney was employed by Highways …

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Case law updates

Teacher unfairly dismissed after school dissuaded witnesses from attending hearing

A teacher was unfairly dismissed after her employer failed to make reasonable efforts to encourage witnesses to attend disciplinary hearings. The Employment Tribunal found that Ms Lewis, a teacher at Tairgwaith Primary School, was unfairly …

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Case law updates

EAT highlights need for investigators to share all relevant information with disciplinary officers

The Employment Appeals Tribunal (EAT) has ruled that an employee was unfairly dismissed because the officer investigating allegations of sexual misconduct against him did not pass on relevant information to the manager undertaking the hearing. …

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Case law updates

“Mind made up” investigation leads to successful UD claim.

An ET has ruled that a hairdresser and beauty therapist was unfairly dismissed after her employer failed to substantiate complaints about her behaviour and went into an investigation having already made their mind up about …

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Case law updates

Employee acquitted of criminal offence wins claim for “pre-emptive” dismissal

An insurance worker was unfairly and wrongly dismissed from his job while still the subject of a criminal investigation, an ET has found. Mr Bosher was arrested in 2017 on suspicion of possession of indecent …

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