News

It was originally decided by the Employment Appeals Tribunal (EAT) that there was no dismissal where an employee was successful in his appeal addressing only one of two disciplinary allegations against him. The employee had a right to appeal under a contractual disciplinary procedure and after his successful appeal the decision to dismiss was revoked. … Read more

Mr Afzal was employed by Dominos Pizza. since October 2009 He was obliged to make an in-time application by 12 August to remain in the UK legally and Dominos Pizza asked for evidence that he had done so. Mr Afzal emailed documentation very late on 12 August but his employer could not open the documents … Read more

The Employment Appeal Tribunal decided that the employer had not justified its decision to issue a disciplinary warning to a disabled employee.  The Claimant in the case, Mrs O’Conner, had a high level of sickness absence, over a number of years, relating to her disability.  She had exceeded the trigger points contained in her employer’s … Read more

On the 13th June 2018 the Supreme Court dismissed the appeal of Pimlico Plumbers and agreed with the Court of Appeal decision that Mr Smith was a worker and not a self-employed contractor. Mr Smith worked as a plumber, carrying out work for Pimlico Plumbers between 2005 and 2011. In 2011 Mr Smith suffered from … Read more

Mr Roddis was employed as an associate lecturer by Sheffield Hallam University and commenced employment on 30 January 2006. He brought claims for unfair dismissal, less favourable treatment under the Part-Time Workers Regulations, and a claim of age discrimination. The age discrimination complaint was withdrawn, and the unfair dismissal complaint was dismissed by the Tribunal … Read more

  Swansea City Council win appeal over whether SEN allowance was payable to teachers. Rees was employed between 22 April 2002 and 31 December 2015. Mrs Mann was employed between 1 September 1997 and 31 December 2015. Mrs Gustafson was employed between 15 April 2002 and 31 December 2015. The Claimants were home tutors and … Read more

In Kaur v Leeds Teaching Hospitals NHS Trust [2018] EWCA Civ 978 the Court of Appeal have reviewed the ‘last straw’ doctrine and set out a 5 stage test to be applied in all constructive dismissal cases. In order to succeed in a constructive dismissal case an employee must show that the employer has committed … Read more

The Pensions Ombudsman has given his determination in a complaint by Ms R against the City of Wolverhampton Council and West Midlands Pension Fund. Facts Ms R was employed as a Higher Level Teaching Assistant at New Park School in Wolverhampton. Ms R was a member of the Local Government Pension Scheme (LGPS) On 7 … Read more