‘A High Court master has rejected what he described as a law firm owner’s attempt to “stifle” a misuse of private information (MPI) claim by a junior solicitor he dismissed by applying to have her case struck out.’
Legal Futures, 11th January 2023
Source: www.legalfutures.co.uk
‘A solicitor has won her claim for wrongful dismissal after being sacked by a law firm for pushing back against a direction to relocate with immediate effect to another office.’
Legal Futures, 9th November 2021
Source: www.legalfutures.co.uk
‘A solicitor introduced to an elevated role in her former firm through a historic partnership agreement can make an employment claim as an employee, a tribunal has ruled.’
Law Society's Gazette, 27th June 2019
Source: www.lawgazette.co.uk
‘ In Kuteh v Dartford and Gravesham NHS Trust [2019] EWCA Civ 818, the Claimant was a nursing sister employed by the Trust. She was a “committed Christian”; and in March and April 2016, staff in her department told her superiors that patients had been complaining that when they were being assessed by Mrs Kuteh she had been raising matters of religion and faith with them. One patient complained that she had been asked “what she thought Easter was about”, another that he had been asked what he thought being a Christian meant and a third, about to undergo major surgery for bowel cancer, that she had told him that if he prayed to God he would have a better chance of survival. In the end, she was dismissed: she lost her claim in the Employment Tribunal and, in an unreported judgment, the Employment Appeal Tribunal held that the grounds for an appeal to it were unarguable and dismissed her appeal from the ET’s decision[1]. [For the detailed background, see Mrs S Kuteh v Dartford and Gravesham NHS Trust (England and Wales: Unfair Dismissal) [2017] UKET 2302764/2016.]’
Law & Religion UK, 14th May 2019
Source: www.lawandreligionuk.com
‘A bus driver who was sacked for testing positive for cocaine has been awarded £40,000 after a tribunal ruled the drug could have got into his system when he licked his fingers after accepting notes from students.’
Daily Telegraph, 20th November 2018
Source: www.telegraph.co.uk
‘A Royal Academy of Music teacher was wrongfully dismissed for referring to violinists as ‘gypos’, a tribunal ruled.’
Daily Telegraph, 19th November 2018
Source: www.telegraph.co.uk
‘Solicitors claiming wrongful dismissal can potentially hold the Solicitors Regulation Authority to account in the employment tribunal following a Supreme Court judgment which clarifies rules on bringing complaints against qualifications bodies. The long-running case Michalak v General Medical Council and others centred on a discrimination complaint brought against the medical regulator by Dr Ewa Michalak. The SRA intervened in support of the GMC.’
Law Society's Gazette, 3rd November 2017
Source: www.lawgazette.co.uk
‘It is established law that (1) the doctrine of mitigation of loss by way of avoided loss applies to claims for damages for breach of contract by way of wrongful dismissal from employment, (2) this means that there must be deducted amounts that the employee earned or should have earned in substituted alternative employment, and (3) such amounts are capable of encompassing benefits in kind, but (4) this is subject to the important qualification that the benefit must not be too remote. Lavarack v Woods of Colchester [1967] 1 QB 278 is an illustration of these propositions.’
Employment Law Blog, 29th June 2017
Source: employment11kbw.com
‘Caspar Glyn QC considers the Court of Appeal’s judgment today that an employee can be summarily dismissed for negligence and that a wrongfully dismissed employee cannot normally maintain an ongoing claim for wages.’
Cloisters, 24th January 2017
Source: www.cloisters.com
‘An employee believes that the working relationship with her employer is breaking down. She anticipates future disputes about a bonus, and any imminent future termination. Wanting to ensure that she has key documents available in case she needs to seek advice or prove a future claim, she emails some of them – including confidential documents – to a hotmail account. Has she done anything wrong?’
Littleton Chambers, 4th October 2016
Source: www.littletonchambers.com
‘Can a senior employee be ordered to pay back his past contractual remuneration to his employer as a remedy for breach of fiduciary duty, in particular a duty to confess his own wrongdoing? There has been an increasing trend over the past few years for employers, outraged at the belatedly discovered wrongdoing of a trusted senior employee, to not only seek to justify summary dismissal on the basis of after-discovered gross misconduct but also to go a step further and try to recover the salaries or bonuses already paid to the employee prior to discovery of the misconduct.’
Sports Law Bulletin, 7th June 2016
Source: www.sportslawbulletin.org
‘Companies should be free to ban Muslim women from wearing headscarves at work if they have a general policy barring all religious and political symbols, a senior EU lawyer has said.’
The Guardian, 31st May 2016
Source: www.guardian.co.uk
“An Indian couple who met at a UK law firm where they both worked are claiming wrongful dismissal because of discrimination by caste.”
The Independent, 18th August 2011
Source: www.independent.co.uk
McLaughlin v Governor of the Cayman Islands [2007] UKPC 50
“When a decision to dismiss a public office holder had been held by a court of competent jurisdiction to be void, the office holder remained entitled to his full emoluments of that office until his tenure of office was lawfully ended.”
WLR Daily, 30th July 2007
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
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