Category: unfair dismissal
Boardman v Governing Body of Clarence High School and another – WLR Daily
“It was axiomatic that the Employment Appeal Tribunal could only interfere with the decision of an employment tribunal if it identified an error of law. In relation to unfair dismissal the appeal tribunal had to address the issue of whether the employment tribunal had found that the employer had satisfied the reasonable responses test and any criticisms of the employment tribunal were to be directed at that issue.”
WLR Daily, 15th March 2013
Source: www.iclr.co.uk
HK Danmark (acting on behalf of Ring) v Dansk almennyttigt Boligselskab; HK Danmark (acting on behalf of Skouboe Werge) v Dansk Arbejdsgiverforening (acting on behalf of Pro Display A/S (in liquidation)) – WLR Daily
“The concept of ‘disability’ in Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation included a condition caused by an illness medically diagnosed as curable or incurable where that illness entailed a limitation which resulted in particular from physical, mental or psychological impairments which in interaction with various barriers might hinder the full and effective participation of the person concerned in professional life on an equal basis with other workers, and where the limitation was a long term one.”
WLR Daily, 11th April 2013
Source: www.iclr.co.uk
New rules to cut unfair dismissal payments – The Guardian
“A raft of changes to the way your employer can treat you will be introduced this summer in a bill that, critics say, will make it quicker and cheaper to sack staff.”
The Guardian, 23rd March 2013
Source: www.guardian.co.uk
Christou and another v Haringey London Borough Council – WLR Daily
Christou and another v Haringey London Borough Council: [2013] EWCA Civ 178; [2013] WLR (D) 97
“The doctrine of res judicata did not apply to disciplinary procedures operated by an employer, nor did the related doctrine of abuse of process apply as such, but an employment tribunal considering a claim for unfair dismissal following a second disciplinary process would have to decide whether it had been fair to institute that second process.”
WLR Daily, 12th March 2013
Source: www.iclr.co.uk
Baby P boss Sharon Shoesmith returns to court – BBC News
“The former head of Haringey Council children’s services has returned to court over her sacking following the death of Baby P.”
BBC News, 13th March 2013
Source: www.bbc.co.uk
Baby P social workers lose court appeal against sacking – BBC News
“Two of Baby P’s social workers have lost their appeal against a tribunal ruling that found they were fairly sacked by Haringey Council.”
BBC News, 12th March 2013
Source: www.bbc.co.uk
Employment tribunal hearing first claim for caste discrimination collapses – The Guardian
“An employment tribunal hearing the first claim for unfair dismissal on the grounds of caste discrimination has collapsed after information handed to the judge by police led the judge to recuse herself from the case.”
The Guardian, 14th February 2013
Source: www.guardian.co.uk
Justice for dinner lady who told of school bullying – Daily Telegraph
“A school dinner lady who was unfairly sacked after telling a seven-year-old girl’s parents that their daughter had been tied to a fence and hit with a skipping rope has won her two-year battle for compensation.”
Daily Telegraph, 12th February 2013
Source: www.telegraph.co.uk
The “Band of Reasonable Responses” Test in Unfair Dismissal – Littleton Chambers
“Judicial guidance regarding the meaning and application of s.98(4) of the Employment Rights Act 1996 in the context of misconduct dismissals is well settled and familiar.”
Littleton Chambers, 7th February 2013
Source: www.littletonchambers.com
Why government reforms on employment law make little sense – Law Society’s Gazette
“There were some statistics that private equity pioneer Adrian Beecroft did not include in his highly controversial report on employment law published last year. The number of claims brought by employees in employment tribunals fell from 236,000 in 2009-10 to 186,000 in 2011-12. The number of claims for both sex and age discrimination has almost halved. And the median award for most types of claim remains low, at around £5,000 (two months’ average pay). Given that these figures relate to a period of acute economic turbulence, they are counterintuitive.”
Law Society’s Gazette, 28th January 2013
Source: www.lawgazette.co.uk
Financial Times editor criticised by tribunal over unfair dismissal – The Guardian
“The Financial Times editor, Lionel Barber, has been criticised by an employment tribunal judge over the unfair dismissal of an award-winning journalist at the title.”
The Guardian, 21st January 2013
Source: www.guardian.co.uk
McDonald’s waitress wins £3,000 compensation for being fired – Daily Telegraph
“A McDonald’s waitress won £3,000 compensation today for being fired after sprinkling too much chocolate on an ice-cream.”
Daily Telegraph, 18th December 2012
Source: www.telegraph.co.uk
Turner v East Midlands Trains Ltd – WLR Daily
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
“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’.”
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.'”
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.”
Employment Law Blog, 6th November 2012
Source: www.employment11kbw.com
