Category: dismissal

Mental impairment. How does the employer know? Cox v Essex County Fire and Rescue Service – 13 KBW Employment

Posted November 18th, 2013 in disability discrimination, disabled persons, dismissal, employment, employment tribunals, equality, mental health, news by sally

“When facing a reasonable adjustments claim one of the first lines of defence for an employer is knowledge. An employer can avail itself of the defence of lack of knowledge of the disability (s.20 of Sch 8 of the Equality Act 2010) if it did not know, and could not reasonably have been expected to know, that the person had a disability. The defence is an impenetrable shield and often forms a key battleground at trial.”

Full story

13 KBW Employment, 18th November 2013

Source: www.13kbwemployment.wordpress.com

Di Canio’s Public Humiliation of Players and Dismissal – Littleton Chambers

Posted September 25th, 2013 in breach of trust, compensation, contract of employment, dismissal, news, professional conduct, sport by sally

“During last week’s World Sports Law Report webinar on player contracts, David Reade QC and John Mehrzad presented a section on ‘manager publically criticising player’ and, with some degree of prescience, concluded that the ‘manager was also at risk of breach of implied term of trust and confidence with club or misconduct charge’. ”

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Littleton Chambers, 23rd September 2013

Source: www.littletonchambers.com

A4e found guilty of racial discrimination – The Guardian

Posted September 23rd, 2013 in compensation, disciplinary procedures, dismissal, employment tribunals, news, race discrimination by sally

“The training company A4e has been found guilty of racial discrimination and been ordered to pay out £50,000 in compensation, the Guardian has learned. Employment tribunal judges found that the company, paid £345m by the Department for Work and Pensions for its back-to-work employment services since 2010, racially discriminated against Rohim Ullah when it unlawfully dismissed him from its Bradford office in 2011.”

Full story

The Guardian, 22nd September 2013

Source: www.guardian.co.uk

Beware of the web – New Law Journal

Posted July 22nd, 2013 in appeals, complaints, disciplinary procedures, dismissal, employment, freedom of expression, harassment, human rights, internet, news, privacy, professional conduct by sally

“Employers must get their social media policies in order, say Chris Bryden & Michael Salter.”

Full story

New Law Journal, 19th July 2013

Source: www.newlawjournal.co.uk

Pending appeal against dismissal did not mean former employee transferred under TUPE, says EAT – OUT-LAW.com

Posted May 20th, 2013 in appeals, care homes, dismissal, employment tribunals, news, transfer of undertakings by sally

“A former employee who was awaiting an appeal against her dismissal was not ’employed’ for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations (TUPE), the Employment Appeal Tribunal (EAT) has ruled.”

Full story

OUT-LAW.com, 17th May 2013

Source: www.out-law.com

Geys v Société Générale, London Branch – WLR Daily

Posted January 7th, 2013 in appeals, contract of employment, dismissal, law reports by sally

Geys v Société Générale, London Branch [2012] UKSC 63; [2012] WLR (D) 394

“An immediate and express repudiation of a contract of employment only terminated the contract if and when the other party elected to accept the repudiation.”

WLR Daily, 19th December 2012

Source: www.iclr.co.uk

NHS radiographer who couldn’t speak English finally dismissed after six years – Daily Telegraph

Posted November 23rd, 2012 in dismissal, hospitals, news by tracey

“Ramani Ramaswamy, who was recruited from his native India, was given lessons to help him improve, but his command of the language only deteriorated, it was claimed. He was dismissed from his job and suspended from the national radiography register for a year after a string of complaints were made against him. The Health and Care Professions Council found that he had showed a ‘lack of competence’ in a number of areas during his term of employment at The Christie Hospital in Manchester.”

Full story

Daily Telegraph, 22nd November 2012

Source: www.telegraph.co.uk

 

Cell-push policeman Mark Andrews wins job ruling – BBC News

Posted November 9th, 2012 in assault, disciplinary procedures, dismissal, news, police by tracey

“A police officer who was sacked after a woman prisoner was dragged across a floor and thrown in a cell must get his job back, a High Court judge has ruled.”

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BBC News, 9th November 2012

Source: www.bbc.co.uk

Teacher sacked over ‘lewd act’ with broomstick may have been set up – Daily Telegraph

Posted October 17th, 2012 in appeals, dismissal, evidence, news, professional conduct, school children, teachers, witnesses by tracey

“Science teacher Patricia Davies has been granted permission to take her case to the Appeal Court six years after she was sacked for allegedly simulating a sex act in class.”

Full story

Daily Telegraph, 16th October 2012

Source: www.telegraph.co.uk

High Court ruling will increase cost of long-term sick leave for businesses, expert warns – OUT-LAW.com

Posted July 27th, 2012 in dismissal, news, remuneration, sick leave, working time by sally

“Unused holiday entitlement by workers on long-term sick leave should be automatically transferred into the next leave year if a worker is unable to take that holiday due to his or her sickness, the Court of Appeal has said.”

Full story

OUT-LAW.com, 27th July 2012

Source: www.out-law.com

NHS Leeds v Larner – WLR Daily

Posted July 27th, 2012 in dismissal, law reports, remuneration, sick leave, working time by sally

NHS Leeds v Larner [2012] EWCA Civ 1034; [2012] WLR (D) 227

“An employee who had been on sick leave for a prolonged period of time and who was eventually dismissed thereafter had not lost her right to the holiday pay to which she was entitled in lieu of the annual leave which she had been unable to take.”

WLR Daily, 25th July 2012

Source: www.iclr.co.uk

Teacher at girls’ school banned from teaching for ‘obsession with sex’ – Daily Telegraph

Posted July 23rd, 2012 in complaints, dismissal, news, professional conduct, teachers by tracey

“A teacher at an all girls’ school has been banned from classrooms after being accused of being ‘obsessed with sex’.”

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Daily Telegraph, 22nd July 2012

Source: www.telegraph.co.uk

Government proposes extended settlement agreements which will be inadmissible in tribunals – OUT-LAW.com

Posted June 13th, 2012 in bills, compensation, dismissal, employment tribunals, news by sally

“The extended use of settlement agreements, which will make it easier for employers to remove underperforming workers in exchange for a pay-off, has been proposed Business Secretary Vince Cable.”

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OUT-LAW.com, 13th June 2012

Source: www.out-law.com

No-fuss sacking payouts included in employment law overhaul – The Guardian

Posted June 11th, 2012 in bills, compensation, dismissal, employment, news by sally

“Rules making it easier for companies to sack their workers by offering them immediate payouts if they agree to leave without any fuss will be unveiled this week as part of the government’s controversial overhaul of employment law.”

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The Guardian, 10th June 2012

Source: www.guardian.co.uk

High Court Litigation Commercial Bargains and the Common Law – 11 KBW

Posted May 28th, 2012 in dismissal, employment tribunals, fiduciary duty, news by sally

“Employment litigation in the High Court is one of the most interesting and dynamic areas of practice. The cases tend to be fought at the point where countervailing currents commercial law and employment law meet and many of the cases turn on resolving the tension between the bargain struck between commercial men and the implied term of trust and confidence. That tension presents an opportunity for the creative and a pitfall for the unwary.”

Full story (PDF)

11 KBW, 28th May 2012

Source: www.11kbw.com

The FSA’s Approved Persons Regime and the Disciplinary and Dismissal Flashpoints – 11 KBW

Posted May 28th, 2012 in disciplinary procedures, dismissal, financial regulation, news by sally

The FSA’s Approved Persons Regime and the Disciplinary and Dismissal Flashpoints (PDF)

11 KBW, 22nd May 2012

Source: www.11kbw.com

Woodcock v Cumbria Primary Care Trust – WLR Daily

Posted March 28th, 2012 in age discrimination, dismissal, employment, law reports, redundancy, retirement by sally

Woodcock v Cumbria Primary Care Trust [2012] EWCA Civ 330; [2012] WLR (D) 97

“For the purposes of a claim for age discrimination under regulation 3 of the Employment Equality (Age) Regulations 2006, where an employer gave notice of dismissal to an employee on the grounds of redundancy, it was a legitimate part of the aim of the employer in giving that notice to ensure that when giving effect to it, the dismissal also saved the employer additional costs that, had it not timed the dismissal as it did, it was likely to have incurred by reason of the employee’s age.”

WLR Daily, 22nd March 2012

Source: www.iclr.co.uk

Lawyers give mixed response to Woodcock age discrimination ruling – The Lawyer

Posted March 23rd, 2012 in age discrimination, dismissal, news, pensions, redundancy by tracey

“Employment lawyers have given a mixed response to an eagerly anticipated Court of Appeal (CoA) ruling on whether discrimination can be justified by saving costs.”

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The Lawyer, 23rd March 2012

Source: www.thelawyer.com

You’re not drinking enough, financial adviser told her tearful client – Daily Telegraph

Posted March 23rd, 2012 in age discrimination, dismissal, news, pensions, redundancy by tracey

“A businesswoman sacked after a night entertaining clients ended in spectacular embarrassment has had her hopes of a compensation payout boosted by a tribunal ruling.”

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Daily Telegraph, 22nd March 2012

Source: www.telegraph.co.uk

Government seeks views on dismissal rules – Department for Business Innovation and Skills

Posted March 16th, 2012 in consultations, dismissal, employment, press releases by tracey

“Proposals to examine the current dismissal process have been announced by the Government today with the publication of a Call for Evidence. Ministers are to seek the views of employers and employees, and gather evidence from interested parties, on whether current dismissal procedures are too onerous, too complex and whether or not there is a lack of understanding in their application.”

Full press release

Department for Business Innovation and Skills, 15th March 2012

Source: www.bis.gov.uk