News

In Ball v First Essex Buses Limited ET 3201435/2017 an Employment Tribunal decided an employee was unfairly dismissed for gross misconduct when he failed a routine drug test. The Law An employer must hold such investigation as is “reasonable in all the circumstances” when investigating a potential misconduct issue (Sainsbury’s Supermarkets Ltd v Hitt [2002] … Read more

Firstly, it is important to note that cases involving vicarious liability depend heavily on the facts. Vicarious liability in employment terms is where an Employer is held responsible for the acts or omissions of an Employee in the course of employment. The test used in these cases asks the question, were the torts so closely … Read more

Ms Levy was employed by East Kent Hospitals University NHS Foundation Trust since 29 March 2006 as an Assistant Administrator. Ms Levy had experienced various issues during her employment and had a difficult relationship with one of her colleagues. She had also been spoken to regarding her absence record. As Ms Levy became unhappy in … Read more

A new workplace right to paid leave for bereaved parents has been officially enshrined in law on Thursday 13 September 2018 as the Parental Leave and Pay Bill achieves Royal Assent. The first law of its kind in the UK will support those affected by the tragedy of childhood mortality and is expected to come … Read more

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a right to appeal under a contractual disciplinary procedure and after his successful appeal the decision to dismiss was revoked.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