McDonald’s waitress wins £3,000 compensation for being fired – Daily Telegraph

Posted December 18th, 2012 in compensation, employment, unfair dismissal by sally

“A McDonald’s waitress won £3,000 compensation today for being fired after sprinkling too much chocolate on an ice-cream.”

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Daily Telegraph, 18th December 2012

Source: www.telegraph.co.uk

Turner v East Midlands Trains Ltd – WLR Daily

Posted November 30th, 2012 in human rights, law reports, proportionality, tribunals, unfair dismissal by tracey

Turner v East Midlands Trains Ltd: [2012] EWCA Civ 1470;   [2012] WLR (D)  353

“The procedures in section 98 of the Employment Rights Act 1996 whereby an employment tribunal had to consider whether in an unfair dismissal case the employer acted fairly within a range of reasonable responses open to the reasonable employer did not fall short of the procedural safeguards required by article 8 of the European Convention.”

WLR Daily, 16th November 2012

Source: www.iclr.co.uk

Why church staff are keeping an eye on lap dancer ruling – The Independent

Posted November 14th, 2012 in appeals, employment tribunals, news, self-employment, unfair dismissal by sally

“A lap dancer who wants to make an unfair dismissal claim is waiting to hear whether she has won a legal fight with a firm that runs ‘gentlemen’s clubs’.”

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The Independent, 13th November 2012

Source: www.independent.co.uk

Human rights victory for BNP bus driver – UK Human Rights Blog

“The BNP has been a relentless opponent of Human Rights Act and its manifesto for the 2010 General Election made no less than three separate declarations of its intention to scrap the Act and abrogate the European Convention of Human Rights which it described charmingly as being, ‘exploited to abuse Britain’s hospitality by the world’s scroungers.'”

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UK Human Rights Blog, 6th November 2012

Source: www.ukhumanrightsblog.com

Policies or Aims, Obnoxious or Otherwise – Employment Law Blog

“The European Court of Human Rights today released its judgment in the case of Redfearn v UK, and held that the UK had failed through its domestic law adequately to protect the right of Mr Redfearn, a British National Party councillor, to freedom of association under Article 11 of the European Convention on Human Rights.”

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Employment Law Blog, 6th November 2012

Source: www.employment11kbw.com

Bus driver sacked for BNP membership wins case in Strasbourg – The Guardian

Posted November 6th, 2012 in human rights, news, political opinion discrimination, unfair dismissal by sally

“A Bradford bus diver should not have been sacked for being a member of the British National Party, the European court of human rights has ruled.”

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The Guardian, 6th November 2012

Source: www.guardian.co.uk

Drama teachers sacked over sex abuse play which made audience vomit – Daily Telegraph

Posted October 26th, 2012 in news, professional conduct, school children, teachers, tribunals, unfair dismissal by tracey

“Two drama teachers were sacked for letting GCSE students perform in a play involving depictions of rape and child abuse.”

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Daily Telegraph, 25th October 2012

Source: www.telegraph.co.uk

Tribunal cannot take additional material into account when deciding whether dismissal was fair – OUT-LAW.com

Posted September 25th, 2012 in employment tribunals, evidence, news, unfair dismissal by sally

“A tribunal cannot rely on additional matters not taken into account by an employer when deciding whether a dismissal is fair, the Employment Appeal Tribunal (EAT) has said.”

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OUT-LAW.com, 24th September 2012

Source: www.out-law.com

Employment law reforms are licence to treat people badly – and still pay less – The Guardian

Posted September 18th, 2012 in compensation, employment, news, unfair dismissal by sally

“Government plans to cap unfair dismissal compensation will not make it easier to fire employees. It’ll just make it cheaper.”

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The Guardian, 17th September 2012

Source: www.guardian.co.uk

Government targets “compensation culture” by reducing caps on unfair dismissal awards – OUT-LAW.com

Posted September 18th, 2012 in compensation, employment, news, unfair dismissal by sally

“The Government’s latest announcements on employment law reform, including a major reduction in the level of compensation that can be awarded if a worker is successful in bringing a claim for unfair dismissal, target the ‘compensation culture’ that the current system encourages, an expert has said.”

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OUT-LAW.com, 17th September 2012

Source: www.out-law.com

Payout for sacked workers may be cut – Daily Telegraph

Posted September 14th, 2012 in compensation, consultations, news, unfair dismissal by tracey

“Ministers will today announce a consultation on reducing the upper limit on compensation payments for unfair dismissal from its current level of more than £72,000.”

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Daily Telegraph, 13th September 2012

Source: www.telegraph.co.uk

Flintshire paramedic not unfairly dismissed for “tapping” woman – BBC News

Posted September 13th, 2012 in armed forces, news, paramedics, professional conduct, tribunals, unfair dismissal by tracey

“A paramedic who allegedly slapped an elderly patient three times across the face was not unfairly dismissed, a tribunal has ruled.”

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BBC News, 12th September 2012

Source: www.bbc.co.uk

Employment Law Update: Transfer of Undertakings (Protection of Employment) and Age Discrimination – 11 KBW

“For the benefit of anyone who has not worked in this area previously or recently, I shall summarise the basics. The relevant legal rules are found in the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (‘TUPE’) which came into force on 6 April 2006. The most important change from the Transfer of Undertakings (Protection of Employment) Regulations 1981 (SI 1981/1794) has been the expansion of the definition of ‘a relevant transfer’ to encompass a service provision change as well as a transfer of an economic entity which retains its identity. This is a complex area of law, in which it is often hard to discern any broad principle which indicates the correct answer to the case on your desk: it is essential always to keep referring back to and re-reading the TUPE regulations themselves.”

Full story (PDF)

11 KBW, 17th August 2012

Source: www.11kbw.com

Welsh National Opera oboist was unfairly dismissed – BBC News

Posted August 1st, 2012 in appeals, disciplinary procedures, employment, news, unfair dismissal by sally

“The Welsh National Opera unfairly dismissed its former principal oboist, the Court of Appeal has ruled.”

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BBC News, 31st July 2012

Source: www.bbc.co.uk

Gillingham FC ‘racially victimised Mark McCammon’ – BBC News

“A black footballer’s dismissal by his club was unfair racial victimisation, a tribunal has ruled.”

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BBC News, 30th July 2012

Source: www.bbc.co.uk

Companies face clampdown on contracts with unfair terms – The Guardian

Posted July 26th, 2012 in bills, consultations, news, unfair dismissal by sally

“Law Commission proposes package of measures to help protect customers from hidden charges buried in the small print.”

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The Guardian, 25th July 2012

Source: www.guardian.co.uk

Mahamdia v People’s Democratic Republic of Algeria – WLR Daily

Mahamdia v People’s Democratic Republic of Algeria: (Case C-154/11);  [2012] WLR (D)  218

“An embassy situated in a member state of the European Union was an ‘establishment’ within the meaning of article 18(2) of Council Regulation (EC) No 44/2001, in the context of a dispute concerning a contract of employment concluded by the embassy on behalf of the sending state, where the functions carried out by the employee did not fall within the exercise of public powers. Article 21(2) of the Regulation meant that an agreement on jurisdiction, concluded before a dispute arose, fell within that provision in so far as it gave the employee the possibility of bringing proceedings not only before the courts ordinarily having jurisdiction under the special rules in articles 18 and 19 of the Regulation, but also before other courts, which could include courts outside the European Union.”

WLR Daily, 19th July 2012

Source: www.iclr.co.uk

Employer liable for “gay and proud” Facebook status hijack of ex-employee by colleagues – OUT-LAW.com

“A company can be liable for unwanted comments made on the Facebook account of an employee by colleagues, providing that the actions ‘fall within the course of employment’, an employment tribunal has found.”

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OUT-LAW.com, 20th July 2012

Source: www.out-law.com

Former Daily Telegraph sketchwriter loses ageism case – The Guardian

Posted July 20th, 2012 in age discrimination, news, unfair dismissal by tracey

“Senior Daily Telegraph journalist Andrew Gimson has lost a case claiming that he was unfairly dismissed after more than seven years as the newspaper’s main parliamentary sketchwriter on the grounds of ageism.”

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The Guardian, 19th July 2012

Source: www.guardian.co.uk

Leach v Office of Communications – WLR Daily

Leach v Office of Communications: [2012] EWCA Civ 959;  [2012] WLR (D)  205

“The trust placed by an employer in an employee was at the core of their relationship. The employment tribunal had been entitled to find that, where the employer had received an unproved and untested allegation of an overseas child sex offence against the employee, who had not disclosed it to the employer prior to his appointment, the resulting breakdown of trust had constituted ‘some other substantial reason’ within the meaning of section 98(1)(b) of the Employment Rights Act 1996 summarily to dismiss the employee in order to prevent the employer’s reputation being damaged.”

WLR Daily, 13th July 2012

Source: www.iclr.co.uk