Unfair Dismissal - Reasonableness of dismissal Gross Misconduct raises a mixed question of law and fact; as a matter of law it connotes either deliberate wrongdoing or gross negligence; Wilson v Racher applied. An employment tribunal does not necessarily substitute its own judgment for that of the employer by making findings of fact as to matters not dealt with by the internal disciplinary hearing; Small v London Ambulance Service considered. It is a misdirection in law for the employme ...
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Practice and Procedure - Bias, misconduct and procedural irregularity Applications by the Claimant for admission of new evidence were refused: Ladd v Marshall applied. The Employment Tribunal examined the 40-odd claims and dismissed all but one contract claim. No error of law. The Claimant contended that the Employment Judge displayed an error of law in oral exchanges with her leading counsel but these were not reflected in her counsel’s evidence to the EAT nor in the reserved judgment of ...
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Practice and Procedure - Review This is a case in which the Claimant has emigrated to Australia. The claim was dismissed. An issue arose as to whether it was fair to the Claimant that the Respondent brought documents which had not been disclosed. By the time of the review which is the subject matter of appeal the Respondent’s witness was no longer available. The appeal was dismissed on the basis that the Employment Tribunal was acting within its discretion in refu ...
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Unfair Dismissal - Reasonableness of dismissal Tribunal found claimant, a security guard, to have been unfairly dismissed where he was dismissed for misconduct consisting of (a) writing a letter to respondents in which he unjustifiably alleged impropriety and dishonesty on the part of a director and (b) failing to follow reasonable instructions to attend for work at a new site. Tribunal found that the instruction to attend for work was unreasonable because employers had failed to conside ...
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Practice and Procedure - Striking-out/dismissal Claimant in partial breach of unless order. Employment Judge incorrect to split the unless order to allow one claim to proceed once a breach has been established all claims subject to the order should be struck out subject to any relief granted under the review procedure.
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Disability Discrimination - Reasonable adjustments This is an appeal which concluded that a move to a different store could amount to a reasonable adjustment. In considering harassment it is important to consider the effect on the alleged victim irrespective of the motive.
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Unfair Dismissal 3 “test” cases of some 68 claims at the instance of university lecturers who had had changes to their contracts of employment arising from a national agreement, the Pay Framework Agreement, imposed on them by their employers. Claimants’ claim that their contracts had thereby been terminated and that in the circumstances they had been unfairly dismissed, which failing, unfairly constructively dismissed, rejected by the Employment Tribunal. On appea ...
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Equal Pay Act - Equal value Equal pay. Expenses of four days of preliminary hearing to determine s.1(6) issue awarded to claimants. Circumstances in which award set aside by Employment Appeal Tribunal.
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Jurisdictional Points - Worker, employee or neither Was the Claimant an employee? ET judgment, holding that she was not, pre-dated the decision in Neufeld. EAT held that the ET misdirected themselves on the relevance of her directorship and shareholding in the Respondent company and allowed the appeal. To be remitted for re-determination.
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Contract of Employment - Implied Term/Variation/Construction of Term Construction of bonus payment term of contract of employment, made in writing. Applying the reasonable observer test explained by Lord Hoffmann in ICS Ltd v West Bromwich Building Society this EAT rejected the construction placed on the term by the Employment Tribunal and reversed their decision.
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