Case law updates

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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Case law updates

Consistency of treatment central to a fair disciplinary process

In Doy v Clays, Doy was accused of threatening behaviour towards his managers following a work-related dispute. These threats led to one of the managers moving his family out of their home. Following a disciplinary …

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Case law updates

Tribunal rulings come down hard on procedural failings

Over the past few months a number of EAT rulings have highlighted the part procedural faults can play in successful Tribunal Claims. * The case of a flexi-worker dismissed for “aggressive and threatening behaviour” needs …

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Case law updates

“Flawed” investigation means claim for unfair and wrongful dismissal upheld

A Tribunal has found that a Poundland store manager was unfairly and wrongfully dismissed when she was fired for allegedly stealing a drink. Miss Stokes was awarded nearly £21k plus costs when the Tribunal found that …

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Case law updates

Failing to take employee’s concerns seriously leads to successful unfair dismissal claim

A dinner lady who used a Council’s whistleblowing hotline to report her concerns about school kitchen practices has won her constructive unfair dismissal claim at Tribunal. Neydi Vasconcelos worked as a part-time dinner lady at …

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Case law updates

Tribunal fee refunds off to slow start

The first official analysis of the level of claims for Employment Tribunal fee refunds suggests uptake has been slow. Between October and December 2017 the Ministry of Justice received more than 4,500 applications for tribunal fee …

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