Category: unfair dismissal

Gareth Price reviews the need for a detriment to take place within the “employment field”. – Parklane Plowden Chambers

Posted January 17th, 2020 in appeals, disclosure, employment, employment tribunals, news, unfair dismissal by sally

‘The Court of Appeal has considered an interesting argument regarding an employee who, ostensibly, made protected disclosures and allegedly suffered detriments as a result – but may not have done so within the ‘employment field’; Tiplady v. City of Bradford Metropolitan District Council [2019] EWCA Civ 2180.’

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Parklane Plowden Chambers, 14th January 2020

Source: www.parklaneplowden.co.uk

Ethical Veganism as a Protected Characteristic – St John’s Building

Posted January 17th, 2020 in appeals, disclosure, employment, employment tribunals, equality, interpretation, news, statutory interpretation, unfair dismissal, veganism by sally

‘An employment tribunal has ruled that ethical veganism is a philosophical belief that is protected by law against discrimination. In Jordi Casamitjana v the League Against Cruel Sports (LACS) JC complains of unfair dismissal having raised concerns with colleagues that its pension fund invested in companies involved in animal testing. The charity did not contest that ethical veganism should be protected but will argue at trial that JC was dismissed for gross misconduct.’

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St John's Buildings, 9th January 2020

Source: stjohnsbuildings.com

Weightmans entitled to fire worker over internet browsing, tribunal rules – Law Society’s Gazette

Posted January 17th, 2020 in disciplinary procedures, employment, employment tribunals, internet, news, professional conduct, unfair dismissal by sally

‘National firm Weightmans acted within the law to sack a long-serving staff member over her internet usage whilst at work, an employment tribunal has found.’

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Law Society's Gazette, 17th January 2020

Source: www.lawgazette.co.uk

Case Law Update – ethical veganism protected as a philosophical belief under the Equality Act 2010 – Parklane Plowden

Posted January 15th, 2020 in employment, employment tribunals, equality, human rights, news, unfair dismissal, veganism by sally

‘Last week the long-awaited decision in the case of Casamitjana v League Against Cruel Sports was finally handed down by Employment Judge Postle in Norwich Employment Tribunal. The case had been listed for a Preliminary Hearing to determine whether ethical veganism constitutes a protected belief under the Equality Act 2010. The Equality Act 2010 does not provide express protection for ethical vegans, albeit that veganism is a philosophy which falls within the ambit of Article 9 of the European Convention on Human Rights.’

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Parklane Plowden, 10th January 2020

Source: www.parklaneplowden.co.uk

Is the prejudice of an investigating manager relevant to determining the propriety of a dismissal, even if the decision makers are not aware of and do not share that prejudice? – 12 King’s

Posted January 9th, 2020 in bias, disciplinary procedures, employment tribunals, news, trade unions, unfair dismissal by sally

‘In Cadent Gas Ltd v Singh [2019] UKEAT 0024/19/0810, the Employment Appeal Tribunal has considered whether the personal animus of a manager who had been heavily involved in a disciplinary investigation had tainted the dismissal process as a whole, even though the dismissing managers had not shared that animus. Furthermore, the EAT considered whether that manager’s prejudice towards the Claimant, informed by his trade union activities, could be attributed to the employer.’

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12 King's Bench Walk, 3rd January 2020

Source: www.12kbw.co.uk

Tribunal overturns unfair dismissal ruling against partner – Legal Futures

Posted January 8th, 2020 in disciplinary procedures, employment tribunals, law firms, news, pregnancy, solicitors, unfair dismissal by sally

‘An employment tribunal has ruled that it was wrong to uphold an unfair dismissal claim against a partner in a law firm closed down by the Solicitors Regulation Authority (SRA).’

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Legal Futures, 8th January 2020

Source: www.legalfutures.co.uk

“Minor error” dooms senior clerk’s unfair dismissal claim – Legal Futures

Posted January 7th, 2020 in barristers' clerks, limitations, news, unfair dismissal by sally

‘A senior clerk at a London barristers’ chambers cannot bring an unfair dismissal claim because of a “minor error” meaning that it was out of time.’

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Legal Futures, 7th January 2020

Source: www.legalfutures.co.uk

Ethical veganism is a protected belief, rules Employment Tribunal – UK Human Rights Blog

Posted January 6th, 2020 in disciplinary procedures, disclosure, employment, employment tribunals, equality, harassment, human rights, news, pensions, professional conduct, unfair dismissal, veganism by sally

‘In what multiple commentators have hailed as a landmark legal case, Norwich Employment Tribunal found that the Claimant’s “ethical veganism” is a philosophical belief and therefore a protected characteristic for the purposes of section 10 of the Equality Act 2010 (“s.10”) following a preliminary hearing on 2nd and 3rd January 2020.’

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UK Human Rights Blog, 4th January 2020

Source: ukhumanrightsblog.com

Ethical veganism is philosophical belief, tribunal rules – BBC News

Posted January 6th, 2020 in disciplinary procedures, disclosure, employment, employment tribunals, equality, human rights, news, pensions, professional conduct, unfair dismissal, veganism by sally

‘Ethical veganism is a “philosophical belief” and so is protected in law, a tribunal has ruled for the first time.’

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BBC News, 3rd January 2020

Source: www.bbc.co.uk

Researcher who lost job for tweeting ‘men cannot change into women’ loses employment tribunal – The Independent

Posted December 20th, 2019 in disciplinary procedures, employment, employment tribunals, equality, freedom of expression, gender, internet, news, transgender persons, unfair dismissal, women by sally

‘A researcher who lost her job after tweeting that men cannot change their biological sex has lost an employment tribunal after her opinions were ruled “absolutist”.’

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The Independent, 19th December 2019

Source: www.independent.co.uk

s.103A and concealed reasons; Royal Mail v. Jhuti [2019] UKSC 55 – Parklane Plowden Chambers

Posted December 10th, 2019 in disciplinary procedures, employment tribunals, news, reasons, Supreme Court, unfair dismissal, whistleblowers by sally

‘The Supreme Court has confirmed that a Tribunal may find that the reason for the dismissal is something other than that given to the employee by the decision-maker – even where that reason is genuinely held by the decision maker; Royal Mail Group Ltd v. Jhuti [2019] UKSC 55 (“Jhuti”).’

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Parklane Plowden, 9th December 2019

Source: www.parklaneplowden.co.uk

Automatic Unfair Dismissal: Can the reason for the dismissal be other than that given to the employee by the decision-maker? – Pallant Chambers

Posted December 10th, 2019 in disciplinary procedures, employment tribunals, news, reasons, Supreme Court, unfair dismissal, whistleblowers by sally

‘The question for the Supreme Court in Royal Mail Group Limited v Jhuti [2019] UKSC 55 was whether in a claim for unfair dismissal can the reason for the dismissal be other than that given to the employee by the decision-maker?’

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Pallant Chambers, 5th December 2019

Source: www.pallantchambers.co.uk

Law firm wrong to make solicitor pay for training course – Legal Futures

Posted December 5th, 2019 in contract of employment, law firms, news, remuneration, solicitors, unfair dismissal by sally

‘A law firm made an unlawful deduction of wages when it took £1,700 from the salary of a sacked solicitor turned office manager to cover the cost of a training course, an employment judge has ruled.’

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Legal Futures, December 2019

Source: www.legalfutures.co.uk

The Reason Behind the Reason Behind the Decision to Dismiss – Littleton Chambers

Posted December 4th, 2019 in disciplinary procedures, employment tribunals, news, reasons, Supreme Court, unfair dismissal, whistleblowers by sally

‘The Supreme Court has allowed the appeal in Royal Mail Group Ltd -v- Jhuti [2019] UKSC 55 and has held unanimously that when deciding what was the reason for dismissal in unfair dismissal, it may not be enough simply to consider what was subjectively in the mind of the decision-maker. In a unanimous decision delivered by Lord Wilson (Lady Hale (President), Lord Carnwath, Lord Hodge and Lady Arden concurring) the Supreme Court has held that where the real reason is hidden from the decision-maker behind an invented reason, the court must penetrate through the invention and decide upon the basis of the real reason [paragraphs 60-62 of the Judgment]. ‘

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Littleton Chambers, 27th November 2019

Source: www.littletonchambers.com

New Judgment: Royal Mail Group Ltd v Jhuti [2019] UKSC 55 – UKSC Blog

Posted November 27th, 2019 in appeals, employment, news, postal service, reasons, statutory interpretation, Supreme Court, unfair dismissal, whistleblowers by sally

‘The appeal concerned the dismissal of Ms Jhuti from her employment by Royal Mail Group Ltd. The key question of law that it raised was whether in a claim for unfair dismissal under Part X of the Employment Rights Act 1996, the reason for the dismissal can be other than that given to the employee by the employer’s appointed decision-maker.’

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UKSC Blog, 27th November 2019

Source: ukscblog.com

Law firm co-founder was not an employee, tribunal rules – Legal Futures

Posted November 22nd, 2019 in barristers, employment tribunals, law firms, news, unfair dismissal by sally

‘One of the barrister founders of a pioneering legal aid firm in the North-East was not an employee or worker and so cannot bring unfair dismissal and other claims, an employment tribunal has ruled.’

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Legal Futures, 22nd November 2019

Source: www.legalfutures.co.uk

Legal Advice Privilege and Dismissal – Littleton Chambers

Posted November 19th, 2019 in admissibility, evidence, news, privilege, unfair dismissal by sally

‘Two recent cases have cast light on the issue of legal professional privilege in employment disputes.’

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Littleton Chambers, 12th November 2019

Source: www.littletonchambers.com

Employers are Liable for the Actions of Manipulators in Automatically Unfair Dismissals – Old Square Chambers

Posted November 19th, 2019 in bias, disciplinary procedures, employment tribunals, news, trade unions, unfair dismissal by sally

‘The EAT, presided over by the President, has in its judgment in Cadent Gas v Singh, set out four important matters in relation to dismissals for impermissible reasons including whistleblowing.’

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Old Square Chambers, 14th November 2019

Source: www.oldsquare.co.uk

Boxer’s banker fails in negligence claim against lawyers – Legal Futures

Posted November 18th, 2019 in banking, barristers, employment tribunals, law firms, negligence, news, race discrimination, solicitors, sport, unfair dismissal by sally

‘A solicitor, his law firm and the barrister they instructed have been granted summary judgment on a negligence claim brought against them by a banker fired for his work with boxer David Haye.’

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Legal Futures, 18th November 2019

Source: www.legalfutures.co.uk

Teacher sacked over gay dating app activity wins £700,000 payout – The Guardian

Posted November 18th, 2019 in appeals, compensation, disciplinary procedures, employment tribunals, news, professional conduct, sexual orientation discrimination, teachers, unfair dismissal by sally

‘A primary school headteacher who was sacked after having sex with two 17-year-old boys he met through a gay dating app has been awarded nearly £700,000 compensation by a tribunal.’

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The Guardian, 15th November 2019

Source: www.theguardian.com