Compensation for injury to feelings is not taxable, says Court of Appeal – OUT-LAW.com

Posted May 9th, 2018 in age discrimination, compensation, dismissal, news, taxation by tracey

‘A termination payment made to an employee for “injury to feelings” following age discrimination related to his dismissal is not taxable, the Court of Appeal has said in a ruling which overturns a decision by the Upper Tribunal.’

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OUT-LAW.com, 4th May 2018

Source: www.out-law.com

Met dismisses police spy who tricked activist into sexual relationship – The Guardian

Posted May 4th, 2018 in disciplinary procedures, dismissal, identity fraud, news, police by tracey

‘An undercover officer who had an unauthorised sexual relationship with an environmental campaigner has been dismissed from the police after a disciplinary hearing.’

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The Guardian, 3rd May 2018

Source: www.theguardian.com

Top police officer faces dismissal over loss of confidential papers – The Guardian

Posted February 14th, 2018 in confidentiality, disciplinary procedures, dismissal, news, police by michael

“A senior counter-terrorism police officer who had top-secret documents stolen from his car has been recommended for dismissal over the error by a disciplinary panel.”

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The Guardian, 13th February 2018

Source: www.theguardian.com

Black former Met officer wins right to sue for discrimination – The Guardian

‘Supreme court ruling hailed as gamechanger by Race4Justice, which says professionals in many fields will now get full protection of equality legislation.’

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The Guardian, 25th October 2017

Source: www.theguardian.com

Civil procedure: discontinuing an arbitration claim – Law Society’s Gazette

‘What happens if a party to arbitral proceedings decides to commence an arbitration claim in the High Court (CPR part 62) but subsequently files and serves a notice of discontinuance? Will the claim be automatically discontinued with the usual cost consequences? And what approach will the court take if the other side decides to apply to have the notice set aside? These issues were considered in National Iranian Oil Company v (1) Crescent Petroleum Company International Ltd (2) Crescent Gas Corporation Lid [2016] EWHC 1900 (Comm).’

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Law Society’s Gazette, 13th March 2017

Source: www.lawgazette.co.uk

Martin Fodder on Whistleblowing: The Importance of Asking the Right Questions – Littleton Chambers

Posted February 20th, 2017 in data protection, disclosure, dismissal, employment tribunals, news, whistleblowers by sally

‘The judgment of the EAT in Eiger Securities LLP v Korshunova [2016] UKEAT 0149_16_0212, 6th December 2016 has attracted a fair amount of comment. It concerned the claims by a broker, Ms Korshunova, that 3 client accounts had been allocated away from her and she had then been dismissed because she had made a protected disclosure as to the impropriety of her manager (Mr Ashton) using her password and terminal. The ET upheld claims of detriment and dismissal for whistleblowing. The EAT (Slade J) remitted the case allowing 3 of the 5 grounds of appeal. ‘

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Littleton Chambers, 23rd January 2017

Source: www.littletonchambers.com

Brightside Group Ltd (formerly Brightside Group plc) and others v RSM UK Audit LLP and another – WLR Daily

Posted February 6th, 2017 in civil procedure rules, dismissal, news, solicitors by sally

Brightside Group Ltd (formerly Brightside Group plc) and others v RSM UK Audit LLP and another [2017] EWHC 6 (Comm)

‘The claimants issued a claim form on 26 April 2016, arguably just before the expiry of the relevant limitation periods. As a result of the claimants’ failure immediately to serve the claim form, the defendants’ solicitors gave notice under CPR r 7.7 requiring the claimants to serve or discontinue by Friday, 10 June. On that day, in compliance with CPR r 7.5(1), the claim form was left at the relevant place, namely the defendants’ solicitors, they having been authorised to accept service. The defendants applied for dismissal of the claim pursuant to r 7.7(3) on the ground that there had been neither service nor discontinuance by 10 June, since, by CPR r 6.14, the claim form was deemed to have been served on Tuesday, 14 June, namely the second business day after completion of the relevant step under rule 7.5(1).’

WLR Daily, February 2017

Source: www.iclr.co.uk

Top police officer told to step down because he showed ‘unacceptable insensitivity’ to Hillsborough victims – Daily Telegraph

Posted September 30th, 2016 in bereavement, dismissal, inquests, news, police, sport, victims by tracey

‘South Yorkshire’s most senior police officer was told to step down because he showed unacceptable insensitivity to Hillsborough disaster victims, his police and crime commissioner has said. PCC Alan Billings suspended Chief Constable David Crompton and on Thursday asked him to resign after he delivered a controversial statement following the Hillsborough inquest alluding to “other contributory factors” to blame for the deaths.’

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Daily Telegraph, 30th September 2016

Source: www.telegraph.co.uk

Judge admonished over fraud finding and exclusion of claimant – Law Society’s Gazette

Posted July 21st, 2016 in appeals, dismissal, fraud, judges, news by tracey

‘The Court of Appeal has ruled that a judge was wrong to exclude claimants from parts of their own county court hearing – but concluded their case was still right to be dismissed.’

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Law Society’s Gazette, 21st July 2016

Source: www.lawgazette.co.uk

Surveillance of Internet usage in the workplace – UK Human Rights Blog

Posted January 15th, 2016 in dismissal, electronic mail, employment, human rights, internet, news, privacy by sally

‘In December 2015, the European Court of Human Rights, by 6 votes to 1, dismissed a Romanian national’s appeal against his employer’s decision to terminate his contract for using a professional Yahoo Messenger account to send personal messages to his fiancé and brother.’

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UK Human Rights Blog, 14th January 2015

Source: www.ukhumanrightsblog.com

Sleepwalking sailors dismissed by Royal Navy – The Guardian

Posted December 18th, 2015 in armed forces, dismissal, freedom of information, news, sleepwalking by tracey

‘Revelation comes as armed forces’ rules are being updated and also to disqualify those who suffer from “sleep terrors.”’

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The Guardian, 18th December 2015

Source: www.guardian.co.uk

Reynolds v CLFIS (UK) Ltd and others – WLR Daily

Posted May 11th, 2015 in age discrimination, dismissal, law reports, reasons by sally

Reynolds v CLFIS (UK) Ltd and others [2015] EWCA Civ 439; [2015] WLR (D) 197

‘In a “tainted information case”, where the claimant claimed that she had been dismissed on grounds of age and the court’s focus had been on the potential prejudice of only one manager of the employer, not all of those who might have provided information bearing on any discrimination, the correct approach was to treat the conduct of the person supplying the information as separate from that of the person who acted on it, and the alternative “composite” approach was not appropriate to such a case.’

WLR Daily, 30th April 2015

Source: www.iclr.co.uk

University and College Union v University of Stirling – WLR Daily

University and College Union v University of Stirling [2015] UKSC 26; [2015] WLR (D) 188

‘An employee was dismissed as redundant for the purposes of an employer’s duty to consult about proposed collective redundancies if the reason for his dismissal was not something to do with him—such as something he was or something he had done—but was a reason relating to the employer, such as his need to effect business change in some respect.’

WLR Daily, 29th April 2015

Source: www.iclr.co.uk

Procedure – 39 Essex Chambers

Posted April 29th, 2015 in anonymity, costs, damages, dismissal, legislation, media, news, personal injuries by sally

‘Section 57 of the Criminal Justice and Courts Act 2015 comes into force on 13 April 2015.

Section 57, which introduces the presumption of dismissal in personal injury claims where the claimant has been found to be fundamentally dishonest in relation to a primary or related claim, comes into force on 13 April 20151. The explanatory notes to the Bill for this Act confirm that this provision is designed to extend the power identified in Summers v Fairclough Homes Ltd2 beyond the very exceptional circumstances required there under for an abusive claim to be struck out at the end of trial. The reference to a ‘related claim’ makes it clear that the Shah v Ul-Haq3 style claimant, who dishonestly supports the fraudulent claim of another, will also stand to lose their own (honest) claim.’

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39 Essex Chambers, April 2015

Source: www.39essex.com

Can offensive use of social media justify a decision to dismiss? – Technology Law Update

Posted December 18th, 2014 in appeals, dismissal, employment, employment tribunals, internet, news by sally

‘Does use by an employee of a personal Twitter account in a way that is “intimidating, racist and anti disability” and “offensive to other groups of people including dentists, caravan drivers, golfers, the A&E department, Newcastle supporters, the police and disabled people” justify a decision to fire?’

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Technology Law Update, 18th December 2014

Source: www.technology-law-blog.co.uk

Driver defeats speeding ticket with tape measure – Daily Telegraph

Posted December 16th, 2014 in dismissal, news, road traffic offences, speed cameras by tracey

‘A driver who was sent a ticket for speeding past a primary school successfully defeated the case using only a tape measure.’

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Daily Telegraph, 15th December 2014

Source: www.telegraph.co.uk

Shoplifter assault case PC dismissed from Met Police – Daily Telegraph

Posted November 12th, 2014 in assault, dismissal, news, police, sentencing, theft by tracey

‘A Metropolitan Police officer who punched a suspected shoplifter before pinning her to the ground has been dismissed from the force.’

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BBC News, 11th November 2014

Source: www.bbc.co.uk

Barrister to be disbarred for dishonesty – Bar Standards Board

Posted June 25th, 2014 in barristers, disciplinary procedures, dismissal, news by sally

‘A barrister who lied about her employment status and history, with the intention of gaining financially, was last week ordered by an independent disciplinary tribunal to be disbarred from the profession.’

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Bar Standards Board, 24th June 2014

Source: www.barstandardsboard.org.uk

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

“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.”

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13 KBW Employment, 18th November 2013

Source: www.13kbwemployment.wordpress.com

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

“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