League Against Cruel Sports in legal battle with vegan ‘whistleblower’ – The Guardian

‘A leading animal welfare charity is locked in an acrimonious legal dispute with a former employee who claims he was dismissed for telling colleagues that its pension fund invested in companies that have been involved in animal testing.’

Full Story

The Guardian, 16th June 2018

Source: www.theguardian.com

UK Supreme Court rejects appeal from Pimlico Plumbers in landmark gig economy case – The Independent

‘The Supreme Court has ruled that a plumber classed as self-employed was in fact a worker in a landmark case for the gig economy.’

Full Story

The Independent, 13th June 2018

Source: www.independent.co.uk

Disabled teacher who showed horror film to class wins £646k payout – Local Government Lawyer

‘A disabled teacher who showed the 18-rated film Halloween to a class of 15- and 16-year-olds has had his claim for discrimination arising from disability upheld in the Court of Appeal and is reportedly set to receive a £646,000 payout.’

Full Story

Local Government Lawyer, 17th May 2018

Source: www.localgovernmentlawyer.co.uk

Midwife Jane Greaves sacked after lack of toilet breaks gave her kidney infection wins job back – The Independent

Posted April 16th, 2018 in midwives, news, sick leave, unfair dismissal by tracey

‘A midwife who was sacked for taking too many sick days after she fell ill because of a lack of toilets at work has won an employment tribunal.’

Full Story

The Independent, 14th April 2018

Source: www.independent.co.uk

Casual workers and unfair dismissal: Mrs M Wright – Law & Religion UK

Posted April 9th, 2018 in casual workers, Church of England, news, unfair dismissal by tracey

‘The issue of the employment status of people who perform casual work – and its complexity – has come up yet again, this time in Mrs M Wright v St John the Evangelist Parochial Church Council (England and Wales: Breach of Contract) [2018] UKET 3200595/2017.’

Full Story

Law & Religion UK, 5th April 2018

Source: www.lawandreligionuk.com

Head teacher fails in Supreme Court challenge to dismissal over failure to disclose – Local Government Lawyer

‘The Supreme Court has unanimously dismissed an appeal brought by a head teacher who was sacked after she failed to disclose her friendship with a convicted sex offender to a local authority.’

Full Story

Local Government Lawyer, 15th March 2018

Source: www.localgovernmentlawyer.co.uk

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.’

Full Story

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?

Full Story

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.’

Full Story

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’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full story

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”.’

Full story

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.’

Full story

The Guardian, 27th march 2017

Source: www.guardian.co.uk