‘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.’
OUT-LAW.com, 4th May 2018
Source: www.out-law.com
‘An undercover officer who had an unauthorised sexual relationship with an environmental campaigner has been dismissed from the police after a disciplinary hearing.’
The Guardian, 3rd May 2018
Source: www.theguardian.com
“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.”
The Guardian, 13th February 2018
Source: www.theguardian.com
‘Supreme court ruling hailed as gamechanger by Race4Justice, which says professionals in many fields will now get full protection of equality legislation.’
The Guardian, 25th October 2017
Source: www.theguardian.com
‘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).’
Law Society’s Gazette, 13th March 2017
Source: www.lawgazette.co.uk
‘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. ‘
Littleton Chambers, 23rd January 2017
Source: www.littletonchambers.com
‘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
‘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.’
Daily Telegraph, 30th September 2016
Source: www.telegraph.co.uk
‘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.’
Law Society’s Gazette, 21st July 2016
Source: www.lawgazette.co.uk
‘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.’
UK Human Rights Blog, 14th January 2015
Source: www.ukhumanrightsblog.com
‘Revelation comes as armed forces’ rules are being updated and also to disqualify those who suffer from “sleep terrors.”’
The Guardian, 18th December 2015
Source: www.guardian.co.uk
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 [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
‘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.’
39 Essex Chambers, April 2015
Source: www.39essex.com
‘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?’
Technology Law Update, 18th December 2014
Source: www.technology-law-blog.co.uk
‘A driver who was sent a ticket for speeding past a primary school successfully defeated the case using only a tape measure.’
Daily Telegraph, 15th December 2014
Source: www.telegraph.co.uk
‘A Metropolitan Police officer who punched a suspected shoplifter before pinning her to the ground has been dismissed from the force.’
BBC News, 11th November 2014
Source: www.bbc.co.uk
“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.”
13 KBW Employment, 18th November 2013
“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’. ”
Littleton Chambers, 23rd September 2013
Source: www.littletonchambers.com
© Inner Temple Library 2018