Tribunal Tale – Holiday pay and voluntary overtime
Holiday pay has once again reared its head at tribunal. Long-time readers of our updates will recall that towards the end of 2016 we reported on a case involving Dudley Metropolitan Council, in which the Employment Tribunal (ET) stated that… Tribunal Tale – Whistleblowing
Employer’s belief that whistleblower’s disclosure was not protected was irrelevant
Employment law has given protection to ‘whistleblowers’ since 1999. Essentially, a worker or employee reporting the wrongdoing of the organisation that they work for is protected from being treated badly… Tribunal Tale – Government’s failure to adjust recruitment test was discriminatory
As those who read our recent update on banning religious clothing may recall, indirect discrimination occurs when a rule or policy is applied to all but it puts a group with a protected characteristic (such as disability) at a particular… Tribunal Tale – School should have waited longer before dismissing employee for long-term absence
In O’Brien v Bolton St Catherine’s Academy, the Court of Appeal (CA) overturned a decision of the Employment Appeal Tribunal (EAT) and made a finding of both unfair dismissal and disability discrimination in relation to a teacher being dismissed after… Tribunal Tale – Reasonable adjustments
Employers’ duty to make reasonable adjustments not limited to only those requested
The Employment Appeal Tribunal (EAT) has upheld a finding that the Home Office (HO) discriminated against an employee for failing to make reasonable adjustments in relation to her… Tribunal Tale – A failure to act can amount to gross misconduct
The Court of Appeal (CA) has upheld a finding that an employee’s summary dismissal (i.e. without notice) following a finding of gross negligence was lawful as it amounted to gross misconduct.
In most instances, a finding of gross misconduct is… Tribunal Tale – Automatic dismissal for gross misconduct was unfair
The Employment Appeal Tribunal (EAT) has upheld a decision that the dismissal of a long-serving employee of Arnold Clark was unfair.
Mr Spoor was a technician with over 42 years’ service with the company. An incident occurred in April 2015… Tribunal Tale – Protected conversations
Mishandled protected conversation leads to successful constructive dismissal claim
A former employee of a foreign exchange company has successfully claimed constructive unfair dismissal due to the company mishandling a pre-termination negotiation.
Section 111A of the Employment Rights Act allows an… Tribunal Tale – School’s failure to take account of teacher’s disability was discriminatory
A former teacher of the Joseph Rowntree School in York has been awarded almost £180,000 in compensation following his dismissal. That figure could increase to up to £500,000 for an additional award in relation to loss of pension.
Mr Grosset… Tribunal Tale – Lack of equality in shared parental pay deemed sex discrimination
A male employee of Network Rail has been awarded almost £30,000 when he was not given the same rate of pay as his wife for a period of Shared Parental Leave (SPL).
Since April 2015, SPL has allowed a mother…