Case law updates

Case law updates

NHS Trust guilty of race discrimination due to “fundamentally flawed” investigation

A Tribunal has judged that a former NHS trust manager was unfairly dismissed and suffered race discrimination because the investigation into the incident was “fundamentally flawed”. Richard Hastings, an IT manager at King’s College NHS …

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Case law updates

EAT upholds employer’s right to withhold “immaterial” evidence

The EAT has supported the view of the Tribunal in Hargreaves v Manchester Grammar that a dismissal for violent behaviour towards a pupil was fair. Mr Hargreaves had appealed to the EAT, contending that the …

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Case law updates

HMRC failed to properly investigate racist remark

A Tribunal has found that an HMRC employee who felt unable to return to work after a contractor shouted a racist remark at him in a corridor was the victim of racial discrimination. The HMRC …

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Case law updates

Directors personally liable in landmark whistleblowing case

The Court of Appeal has upheld a landmark £2m award in a whistleblowing case that saw directors sued for the first time for unfairly dismissing an employee. The earlier Tribunal and EAT decisions in favour …

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Case law updates

“Offensive” tweeter unfairly dismissed after investigation failures

A civil servant who was dismissed by the Department for Work and Pensions (DWP) after he posted “racist and political” tweets from a personal social media account was unfairly dismissed, an Employment tribunal has found. …

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Case law updates

Refusal to postpone a disciplinary hearing was “procedurally unfair”

  In the case of Talon Engineering Ltd v Smith, Mrs Smith, a long-serving employee of Talon Engineering Ltd sent ‘unprofessional’ emails to a contact. She also tried to hide some of these emails from her …

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