Wrongful dismissal: The claimant was dismissed summarily when it was found that he had been working for another company during the respondent’s office hours. When he was questioned, the claimant initially denied that he worked for the other company but eventually admitted it, playing down his involvement. One of the reasons for the dismissal was ‘an irrevocable breach of the implied term of trust and confidence’. The Tribunal upheld the claimant’s claim of wron ...
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Sex Discrimination: The claimant went off sick for a long period because of multiple pregnancy related illness. Her sick pay was stopped without prior warning but was reinstated once the claimant wrote a grievance letter to the respondent. The claimant had been late in sending in sick certificates which was in breach of the respondent’s sick pay policy, and had also behaved badly at a meeting and over the telephone. During the claimant’s period of maternity leave, it was d ...
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Constructive dismissal: The claimant claimed that he been constructively dismissed, the circumstances of which included a failure by the respondent in dealing with his grievance. The claimant’s proposed retirement was postponed pending the outcome of his grievance and he was off sick until he resigned several months later. The Tribunal concluded that the respondent had breached their target in respect of dealing with the grievance within the time limit but it was not a fundament ...
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Transfer of Undertakings: The claimants worked for I Lab UK Ltd which was subsequently transferred to I Lab Facilities Ltd after UK went into liquidation. The UK business had been struggling financially and the claimants were warned that redundancies were possible. They were served notice of termination of their employment to take effect on 11 July 2009. On 11 August, Facilities purchased UK with a rider that the goodwill did not include anything arising from the work done by the claimants ...
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Extension of time - reasonably practicable: The claimant found out that his name was included in a blacklist and sought advice with his union concerning job applications with two employers, the second of which was with the respondent. A meeting with the union took place 4 weeks later due to the number of claims the union had to deal with. A claim against the first employer was made the next day; the claim against the respondent was made more than 6 weeks later. The respondent cla ...
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Costs: The claimant had been dismissed from his job with a security firm and the subsequent ET proceedings was represented by an inexperienced solicitor, free of charge. He was successful in the claims for unfair dismissal as the investigation was inadequate and the appeal process flawed. He was awarded 4 weeks compensation as it was felt that he should obtain alternative employment in that time and the tribunal refused a request for interest on the grounds that it had no power to do so. T ...
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Amendment: The claimant was a GP, who suffered from neurosarcoidosis and diabetes, resigned from the respondent's practice in 2009, issuing an ET1 complaining of constructive unfair dismissal. The claims were resisted in the respondent's ET3 in October 2009 but an application to amend to add the disability discrimination claims was made in January 2010. This was also opposed but the amendment was allowed. In this appeal, the respondent's argued, partly, on the ground ...
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Polkey deduction: The claimant had been dismissed as an HGV driver after various accidents and incidents. At a meeting to discuss the problem it was alleged that the claimant tried to strike one of the respondent's directors and he was dismissed. In the ET the claimant succeeded and was awarded compensation. They also preferred the claimant's evidence on the incident at the meeting so no Polkey reduction arose, though the respondents had made it clear that the claimant would have been ...
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Extension of time: reasonably practicable: The claimant was summarily dismissed and he launched an internal appeal which took place 10 weeks later. 4 weeks after the appeal hearing he was sent a letter dismissing his appeal. 3 weeks later the claimant presented a claim to the ET. The claimant claimed that he did not know about the time limits and thought it would be sensible to await the outcome of the internal appeal before presenting a claim to the ET. The ET ruled that it had not b ...
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Costs: The claimant had resigned her position after she had made complaints to her managers that other staff were using her user name and password and that her subsequent treatment had caused severe depressive illness. She then issued proceedings on the grounds of disability discrimination, protected disclosures and unfair constructive dismissal. All claims were resisted and an offer was made but rejected. The proceedings were halted by further illness to the claimant and the judge he ...
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