Tribunal Tale – Can a failure to handle a grievance properly amount to constructive dismissal?
In Nicholson v Hazel House Nursing Home Ltd, the Employment Appeal Tribunal (EAT) has confirmed the position established in WA Goold (Pearmak) Ltd v McConnell and another [1995] IRLR 516 that handling errors or inadequacies in a grievance procedure can… Tribunal Tale – Discrimination Arising from Disability
Earlier cases have made it clear that there need only be a loose causal connection between an employee’s conduct and their disability to be able to make out a claim of discrimination arising from a disability. The recent case of… Tribunal Tale – The Ever Complicated World of Employee Absence
In this news item, we take a look at two recent cases relating to absence, one in which the tribunal erred when it treated a conduct issue as one of capability and one which underlines the need to proceed with… Tribunal Tale – A situation Where Reasonableness is Not Implied
Can an employee who has been temporarily laid off resign and claim constructive dismissal on the basis that the length of the lay-off has been unreasonable? No, according to a recent decision of the Employment Appeal Tribunal (EAT).
Providing it… Tribunal Tales – Speaking English at Work
Introducing a policy requiring employees to speak only in English at work and preventing them from speaking in their mother tongue can amount to direct race discrimination on the grounds of nationality. However, in light of two recent cases, Kelly… Tribunal Tale – Duty to Make Reasonable Adjustments
The Court of Appeal has dismissed a claim that an employer failed in its duty to make reasonable adjustments for a disabled member of staff by not extending the trigger point for taking disciplinary action in respect of that employee’s… Tribunal Tale – What Doesn’t Come Down Doesn’t Go Up Either
The Court of Justice of the European Union (ECJ) had previously decided that, where a worker’s hours reduce in the course of a holiday year, there should be no recalculation of leave accumulated in the first part of the year. … Tribunal Tale – Can “Unfriending” Amount to Workplace Bullying?
The Fair Work Commission in Australia has found that a woman who ‘unfriended’ a work colleague on Facebook committed workplace bullying.
Rachael Roberts, an employee of a real estate agency, alleged she was being bullied by the owner’s wife, Mrs… Tribunal Tale – Social Media Misconduct
n the case of The British Waterways Board, Trading as Scottish Canals v Smith, the Employment Appeal Tribunal (EAT) held that the employer had fairly dismissed an employee who had posted derogatory comments on Facebook about his employer, his colleagues… Tribunal Tale – Important TUPE Decision June 2015
It is not unusual, particularly in relation to a service provision change, for all or part of the services to be provided by one or more sub-contractors. This can lead to the question of whether, when the client changes the…