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#Discipline & Grievance

It’s less than four weeks until Christmas and the Christmas party season is about to begin.  The office party is often a mixed blessing – an opportunity to boost morale and perhaps celebrate a successful year yet also a melting pot of workers letting their hair down, with potential for accidents, injuries, threats and claims.

Christmas Parties – Festive Fun or a New Year Hangover?

2

Dec

2022

Christmas Parties – Festive Fun or a New Year Hangover?

It’s less than four weeks until Christmas and the Christmas party season is about to begin.  The office party is often a mixed blessing – an opportunity to boost morale and perhaps celebrate a successful year yet also a melting pot of workers letting their hair down, with potential for accidents, injuries, threats and claims.

#Discipline & Grievance

At PMQs in the House of Commons last week Sir Kier Starmer likened PM Rishi Sunak to “a weak boss so worried the bullies would turn on him, he hid behind them”.

Bullying at work – are “weak bosses” letting it happen?

15

Nov

2022

Bullying at work – are “weak bosses” letting it happen?

At PMQs in the House of Commons last week Sir Kier Starmer likened PM Rishi Sunak to “a weak boss so worried the bullies would turn on him, he hid behind them”.

#Discipline & Grievance

With the Christmas festive season upon us, we answer five key questions to help you host celebrations that are happy and healthy.

Your guide to work Christmas Parties

9

Dec

2021

Your guide to work Christmas Parties

With the Christmas festive season upon us, we answer five key questions to help you host celebrations that are happy and healthy.

#Discipline & Grievance

In Stothard v Durham University, the Claimant was suspended following media

Decision to suspend employee was “overly hasty”

28

Aug

2020

Decision to suspend employee was “overly hasty”

In Stothard v Durham University, the Claimant was suspended following media

#Discipline & Grievance

In Gallacher v Abellio Scotrail, the Employment Appeal Tribunal (EAT) held that, in rare circumstances, an employee can be fairly dismissed without any procedure, including the absence of an appeal.

Unusual circumstances allow a dismissal with no procedure

21

Aug

2020

Unusual circumstances allow a dismissal with no procedure

In Gallacher v Abellio Scotrail, the Employment Appeal Tribunal (EAT) held that, in rare circumstances, an employee can be fairly dismissed without any procedure, including the absence of an appeal.

#Discipline & Grievance

In Tai Tarian Limited v Howell Wyn Christie, the Claimant (a carpenter) was dismissed by his employer following an anonymous complaint that he had made homophobic comments during a visit to a client’s property.

Use of Anonymous Witnesses in Disciplinary Hearings

9

Jul

2020

Use of Anonymous Witnesses in Disciplinary Hearings

In Tai Tarian Limited v Howell Wyn Christie, the Claimant (a carpenter) was dismissed by his employer following an anonymous complaint that he had made homophobic comments during a visit to a client’s property.

#Discipline & Grievance
This week, in Base Childrenswear v Otshudi, the Court of Appeal confirmed that not being honest about the reason for dismissal can show that the employer has a discrimination case to answer.

Little white lies: not giving the true reasons for dismissal pointed to discrimination

11

Oct

2019

Little white lies: not giving the true reasons for dismissal pointed to discrimination

This week, in Base Childrenswear v Otshudi, the Court of Appeal confirmed that not being honest about the reason for dismissal can show that the employer has a discrimination case to answer.
#Discipline & Grievance
In North West Anglia NHS Foundation Trust v Gregg, the Court of Appeal overturned an injunction that had prevented an employer from continuing with disciplinary proceedings pending the outcome of police enquiries.

Can disciplinary proceedings continue alongside a police investigation?

28

Mar

2019

Can disciplinary proceedings continue alongside a police investigation?

In North West Anglia NHS Foundation Trust v Gregg, the Court of Appeal overturned an injunction that had prevented an employer from continuing with disciplinary proceedings pending the outcome of police enquiries.
#Discipline & Grievance
We previously blogged on the High Court case of Agoreyo v London Borough of Lambeth, in which the High Court held that the suspension of a teacher was a “knee jerk reaction” which breached the implied term of trust and confidence (enabling Ms Agoreyo to resign and claim constructive dismissal)

Suspension will not breach trust and confidence if there is a reasonable and proper cause

22

Mar

2019

Suspension will not breach trust and confidence if there is a reasonable and proper cause

We previously blogged on the High Court case of Agoreyo v London Borough of Lambeth, in which the High Court held that the suspension of a teacher was a “knee jerk reaction” which breached the implied term of trust and confidence (enabling Ms Agoreyo to resign and claim constructive dismissal)
#Discipline & Grievance
In Talon Engineering Ltd v Smith, the Employment Appeal Tribunal (the ‘EAT’) held that an employer’s refusal to postpone a disciplinary hearing for two weeks to enable the Claimant’s union official to accompany her rendered the subsequent dismissal unfair. In this case, the Claimant faced disciplinary action for sending unprofessional emails.

Refusal to postpone disciplinary hearing when companion not available was unfair

23

Aug

2018

Refusal to postpone disciplinary hearing when companion not available was unfair

In Talon Engineering Ltd v Smith, the Employment Appeal Tribunal (the ‘EAT’) held that an employer’s refusal to postpone a disciplinary hearing for two weeks to enable the Claimant’s union official to accompany her rendered the subsequent dismissal unfair. In this case, the Claimant faced disciplinary action for sending unprofessional emails.
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