Dismissal of outspoken Christian employee was discriminatory
The dismissal of a Christian employee who expressed negative views in respect of her colleague’s homosexual lifestyle was held to be discriminatory.
July 17, 2015 No Comments
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Employee who smelled of alcohol was unfairly dismissed
In the absence of evidence suggesting that an employee is unable to do his job, it was unreasonable for an employer to dismiss an employee for coming to work whilst smelling of alcohol.
July 1, 2015 No Comments
Request to wear shorter jilbab: discrimination or health and safety?
An employer’s request that a Muslim employee wear a shorter jilbab for health and safety reasons was held not to be discriminatory.
June 10, 2015 No Comments
Are whistleblowers being protected?
The charity Public Concern at Work has found that whistleblowers are not being adequately protected under the current legal regime.
June 10, 2015 No Comments
PRA Chief comments on EBA’s report on role-based allowances
Andrew Bailey, Chief Executive of the Prudential Regulation Authority, has recommended that firms amend staff contracts so as to ensure compliance with the European Banking Authority’s report on the use of role-based allowances to contravene the EU bonus cap.
June 10, 2015 No Comments
Court tailors interim injunction to reduce client impact
An employer has been granted an interim injunction restraining its former employees’ use of confidential information and intellectual property at a competitor. However, it has limited those restraints so as not to cause harm to a customer.
June 10, 2015 No Comments
EAT clarifies the “public interest test” for whistleblowing claims
A disclosure does not need to be in the interest of the public at large in order to satisfy the “public interest test” as set out in whistleblowing legislation, and can concern only a small group of people.
June 4, 2015 No Comments
Employee’s admission to misconduct meant limited subsequent investigation required
Where an employee admits to misconduct, it may be reasonable for an employer to limit its investigation into the situation.
June 4, 2015 No Comments
Court jails litigants for contempt of court
Custodial sentences of 12 months and 20 months have been passed down in respect of two parties who were found to be in contempt of court.
June 4, 2015 No Comments
Costs award was justifiable despite party’s inability to pay
Tribunals are able to make costs awards against parties who are unable to pay at that time, so long as the tribunal considers that the party will be able to pay at some point in the future.
June 4, 2015 No Comments
ECJ rules that “establishment” for collective redundancy consultation purposes means a local employment unit, not the whole company
An employer making 20 or more people redundant in a 90 day period in a single establishment must consult on a collective basis. What is meant by ‘establishment’?
June 4, 2015 No Comments
Disobeying instruction not to contact external independent authority is grounds for dismissal
An employee who disobeyed an instruction not to contact the Information Commissioner’s Office was fairly dismissed.
June 4, 2015 No Comments
