Practice and Procedure - Appellate jurisdiction/Reasons/Burns-Barke: The claimant, a regional manager, was dismissed following communication with another employee who was being disciplined for gross misconduct. At the time, the claimant was off sick but she still managed to assist her colleague which, according to the respondent, undermined the company position and amounted to gross misconduct. Her conduct called into question whether the claimant was really ill, since she was apparently to ...
|
Unfair Dismissal - S.98A(2) ERA: The claimant was selected for redundancy by the MD of the respondent and she attended various meetings but at no time was she provided with financial information so that she could have any input on the central issue of cost-cutting. The respondent gave her a step 1 letter which was followed by a meeting. At the meeting she was told that the decision to dismiss had been taken and she was given a pre-prepared letter confirming that fact. The decision to ...
|
Appellate jurisdiction/Reasons/Burns-Barke: The claimant claimed that she had been unfairly constructively dismissed following the submission of a grievance to the respondent, which they responded to 4 months later by a letter from their solicitor. The Tribunal found that at no stage did the respondent breach any term express or implied of the contract of employment of the claimant or contravene any statutory obligation. The reason for the resignation of the claimant was nothing to do ...
|
Appellate jurisdiction/Reasons/Burns-Barke: The claimant had already won his claim for unfair dismissal but appealed against the dismissal of his race discrimination claim. The appeal was rejected under rules 3(7) and 3(8) but instead of using rule 3(10) to request an oral hearing at the EAT the claimant chose to go to the Court of Appeal. The Court of Appeal declined to hear his case as the claimant had not exhausted the EAT process. By the time the claimant was informed of this, his ...
|
Practice and Procedure: The claimant resigned from her post with the respondent following a period of bullying and isolation. She found work soon afterwards but resigned from this new post within 3 months. The Employment Tribunal found that she had been unfairly constructively dismissed by the respondent but limited her loss of earnings compensation to the date on which she resigned from her new job. The Tribunal’s reason for this was on the basis that there were no medical reco ...
|
Statutory Discipline and Grievance Procedures - Impact on compensation: The claimant was dismissed after it was found that he was using the internet excessively for personal use when he was supposed to be working. 3 months earlier he had been disciplined for the same conduct and received a written warning. The claimant admitted what he had done but claimed that he had had previous problems with depression and that his health problems had increased at the time his excessive use of the ...
|
Disability Discrimination: The claimant claimed to have been bullied by a manager and due to his complaints he was given, according to the claimant, an unjustified final warning, which was overturned on appeal. However, the claimant was then moved to a different department. He then suffered heart problems and the respondent gave him light duties until the business moved premises. Although light duties were available in the new premises, the claimant was not given them and he resigned ...
|
Sex Discrimination - Pregnancy and discrimination: The claimant, who worked as Forecourt Manager at a small garage, announced that she was pregnant and from that point on, the MD of the respondent made a number of comments at various stages, including one which suggested that a woman could not run a family and do a job at the same time. It then came to the MD's attention that a co-worker of the claimant's was associated with drug dealing, which, he said, meant there was a risk that th ...
|
Religion or Belief Discrimination: C was employed as a security guard by R at a site in Highgate where R had a contract with Land Securities Trillium to provide safety and security services. Trillium required a specified number of security officers to be on site for the full duration of operating hours. Thus all security officers working at the site were required to remain on site throughout their shifts. C, a Muslim, was refused permission to leave the site on Fridays in the mi ...
|
Unlawful Deduction from Wages: The claimant was arrested and charged with various criminal offences, remanded into custody for 6 months until he was found guilty of 2 of the offences, bailed and then given a non-custodial sentence. During his time on remand the claimant was not paid by the respondent. During bail he was suspended on full pay until a disciplinary hearing which decided that he should be dismissed. The claimant claimed unfair dismissal, breach of contract, unlawful deduc ...
|
| 1 2 3 4 5 6 7 8 9 10 ... |