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

A4e found guilty of racial discrimination – The Guardian

“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

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

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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

“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.”

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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.”

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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

“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.”

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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.”

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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