Leading employment law provider unfairly dismissed senior employee, tribunal finds – Legal Futures

‘The leading unregulated provider of employment law services unfairly dismissed a senior employee, an employment tribunal has found.’

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Legal Futures, 3rd January 2018

Source: www.legalfutures.co.uk

Royal Mail Ltd v Jhuti – Old Square Chambers

‘This recent judgment of the Court of Appeal resolved two important questions:

1. Where a line manager, who is not involved in the investigatory or disciplinary process, has tainted the evidence supplied to a person deciding whether an employee should be dismissed, and that decision-maker is innocent of any discriminatory motivation, whose knowledge or state of mind is to be attributed to the employer for the purpose of s.103A of the Employment Rights Act 1996 (ERA 1996)?
2. Can an employee recover damages for dismissal consequent on detriment in the whistleblowing context?

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Old Square Chambers, 6th December 2017

Source: www.oldsquare.co.uk

Galilee Commissioner of Police for the Metropolis – Old Square Chambers

‘Is the ET required, when deciding whether to give permission to amend a claim to add a new claim which may be out of time, to decide the ‘time point’? Not necessarily, according to the judgment of the EAT in Galilee v Commissioner of Police for the Metropolis.’

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Old Square Chambers, 30th November 2017

Source: www.oldsquare.co.uk

Law and religion round-up – 5th November – Law & Religion UK

‘A week in which the Westminster sexual exploitation scandal continued to claim scalps, there was an important report on House of Lords reform – and Brexit rumbled on’

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Law & Religion UK, 5th November 2017

Source: www.lawandreligionuk.com

Supreme Court: state immunity rules incompatible with Article 6 – UK Human Rights Blog

Posted October 20th, 2017 in diplomats, news, state immunity, unfair dismissal by sally

‘If you work for an embassy in London and are not a UK national, you cannot sue your employing state when you get unfairly dismissed. But if you enter a commercial contract with the same embassy, you can sue them.’

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UK Human Rights Blog, 20th October 2017

Source: ukhumanrightsblog.com

Whistleblowing – an update – 11KBW

Posted August 22nd, 2017 in disclosure, news, unfair dismissal, whistleblowers by sally

‘Protected disclosure claims continue to keep employment lawyers, Tribunals and the EAT busy. The attractions of whistleblowing claims for claimants are well rehearsed: no qualification period for unfair dismissal claims and no cap on compensation, plus a whistleblowing claim can raise the publicity stakes for respondents.’

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11KBW, 10th August 2017

Source: www.11kbw.com

The EAT issues guidance on in-time amendment applications – Cloisters

‘Navid Pourghazi considers the recent decision in Gillett v Bridge 86 Ltd (UKEAT/0015/17/DM) where the EAT overturned a refusal of an in-time application to amend a claim form and provided helpful guidance on how Tribunals should deal with such applications in the future. A copy of the judgment is available here.’

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Cloisters, 27th July 2017

Source: www.cloisters.com

Michael Duggan QC on Whistleblowing, Self Interest and Public Interest: Chesterton Global Limited v Mohamed Nurmohamed, Public Concern at Work – Littleton Chambers

Posted August 22nd, 2017 in appeals, news, public interest, unfair dismissal, whistleblowers by sally

‘Whilst the Taylor Review may be the talking point of the week, Michael Duggan QC writes that the case of Chesterton Global Limited v Mohamed Nurmohamed, Public Concern At Work (intervener) [2017] EWCA Civ 979, 10th July 2017 is perhaps the case of the week. It concerns the vexed question of good faith in public interest disclosures of whistleblowing.’

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Littleton Chambers, 19th July 2017

Source: www.littletonchambers.com

Parks police dismissal does not engage article 8 – UK Police Law Blog

‘The recent case of Vining & Ors v London Borough of Wandsworth [2017] EWCA Civ 1092 represents an attempt to circumvent restrictions on certain types of officers from enjoying employment law rights – in a claim of unfair dismissal and for a protective award in respect of an alleged failure in collective consultation relating to their redundancies.’

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UK Police Law Blog, 15th August 2017

Source: ukpolicelawblog.com

Employment tribunal upholds part of claim by monitoring officer against council – Local Government Lawyer

‘An employment tribunal has upheld a former monitoring officer’s claim of victimisation and unfair dismissal by a borough council.’

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Local Government Lawyer, 25th July 2017

Source: www.localgovernmentlawyer.co.uk

The role of employee legitimate expectations in unfair dismissal claims – Lauren Godfrey – UK Human Rights Blog

Posted July 3rd, 2017 in human rights, news, unfair dismissal by tracey

‘A recent EAT ruling JP Morgan v Ktorza continues a line of decisions which limit the role of employee expectations in the determination of unfair dismissals claims further curtailing the extent to which employees can rely on public law notions or human rights principles to challenge their dismissals.’

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UK Human Rights Blog, 30th June 2017

Source: ukhumanrightsblog.com

Polkey and the Problem of “Definitely Maybe” – Littleton Chambers

‘Nicholas Siddall considers the recent decision of the EAT in Zebrowski-v-Concentric Birmingham Ltd [2017] UKEAT/0245/16/DA and analyses the guidance there to be found as regards the proper approach to a Polkey deduction.’

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Littleton Chambers, 9th May 2017

Source: www.littletonchambers.com

Judge says his sacking for posting abusive comments was unfair – The Guardian

Posted April 18th, 2017 in complaints, internet, judges, news, proportionality, unfair dismissal by sally

‘A judge who was sacked for posting abusive comments on news articles about cases he had heard has admitted he was “reckless” but complained that the sanction was “wholly disproportionate and completely unfair”.’

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The Guardian, 13th April 2017

Source: www.guardian.co.uk

£1,200 cost for unfair dismissal claims is challenged in UK’s highest court – The Guardian

‘Steep rises in fees for bringing unfair dismissal claims at employment tribunals – which have led to a 70% fall in the number of cases – are to be challenged at the UK’s highest court.’

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The Guardian, 27th march 2017

Source: www.guardian.co.uk

‘Self-employed’ plumber had rights as ‘worker’, but not employee, appeal court rules – OUT-LAW.com

‘A purportedly self-employed plumber engaged through a London-based firm was a ‘worker’, entitled to paid holiday rights and the right to bring a claim for disability discrimination, the Court of Appeal has ruled.’

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OUT-LAW.com, 10th February 2017

Source: www.out-law.com

Couple who sacked housekeeper who let boyfriend stay at £10m mansion and drove Porsche when they were away ordered to pay him £8,000 – Daily Telegraph

Posted December 21st, 2016 in employment tribunals, judgments, news, unfair dismissal by tracey

‘A housekeeper who drove his millionaire bosses’ Porsche and had his boyfriend to stay at their home was unfairly sacked because his employers did not follow the correct procedures, a tribunal has ruled.’

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Daily Telegraph, 20th December 2016

Source: www.telegraph.co.uk

Senior former manager sues CPS for unfair dismissal – The Guardian

‘A senior former manager is suing the Crown Prosecution Service for unfair and constructive dismissal in an employment claim that has exposed strains in the way cases are brought to trial.’

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The Guardian, 21st November 2016

Source: www.guardian.co.uk

SFO asks for private hearing in unfair dismissal claim by ex-Barclays banker – The Guardian

Posted November 21st, 2016 in banking, employment, fraud, news, private hearings, unfair dismissal by sally

‘The Serious Fraud Office will on Monday ask a London employment tribunal to hear an unfair dismissal claim by a former senior banker at Barclays in private.’

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The Guardian, 20th November 2016

Source: www.guardian.co.uk

Number of people lodging unfair dismissal complaints plummets after Government introduces tribunal fees – The Indepedentn

‘The number of workers taking claims of unfair dismissal or discrimination to employment tribunals has slumped since charges came into force, a new study has revealed.’

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The Independent, 4th November 2016

Source: www.independent.co.uk

Unfair dismissal cases slump under tribunal fee system, study shows – The Guardian

‘The number of workers taking claims of unfair dismissal or discrimination to employment tribunals has slumped since charges came into force, a study has revealed.’

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The Guardian, 4th November 2016

Source: www.guardian.co.uk