December 2010 Archives

XpertHR is counting down five important cases on appeal for 2011. In Edwards v Chesterfield Royal Hospital NHS Foundation Trust, the Supreme Court is hearing an appeal by an NHS trust against a decision that its breach of the express terms of its disciplinary procedure gave an employee the right to sue for damages, and that such damages were not, in principle, limited to either the notice period or the time that it would have taken for the procedure to have been conducted properly. 

XpertHR is counting down five important cases on appeal for 2011. In Homer v Chief Constable of West Yorkshire Police, an employee has been given permission to appeal the Court of Appeal decision that his employer’s requirement for employees to have a law degree to proceed to the highest of three grades did not indirectly discriminate against him as a 61-year-old. 

XpertHR is counting down five important cases on appeal for 2011. In Aitken v The Commissioner of Police of the Metropolis, a police officer who displayed violent tendencies is appealing an Employment Appeal Tribunal decision that his employer did not discriminate against him on the ground of an alleged perceived disability.

A round-up of links to news items on employment tribunal rulings in the week beginning 20 December 2010, including a lesbian MEP who has won her claim for sex discrimination against former colleagues in UKIP.

As we near 2011, XpertHR counts down with five unusual tribunal decisions from 2010. In Furlong v BMC Software Ltd, an employee was discriminated against by her employer’s use of, and discussions about the use of, lap dancing clubs and prostitutes.

As we near 2011, XpertHR counts down with five unusual tribunal decisions from 2010. In Bal v Secretary of State for Work and Pensions (Jobcentre Plus), an employee was unlawfully discriminated against when a colleague suggested that a toy helicopter be landed on his turban.

As we near 2011, XpertHR counts down with five unusual tribunal decisions from 2010. In Tyler v William West Ltd, an employee was fairly dismissed for causing a bomb scare and thereby bringing his employer into disrepute.

A large number of unfair dismissal cases involve flaws in the employer's disciplinary investigation. To help employers get this crucial stage in the disciplinary process right, XpertHR rounds up five employment tribunal cases [subscription required] where it was claimed that there were problems with the employer's investigation.

As we near 2011, XpertHR counts down with five unusual tribunal decisions from 2010. In Gill v SAS Ground Services UK Limited, a woman was fairly dismissed for Facebook entries and a YouTube video regarding her activities as an amateur model.

As we near 2011, XpertHR counts down with five unusual tribunal decisions from 2010. In Richardson v Royal Mail Group Ltd, an employee was fairly sacked for assaulting his line manager with a plate of toast.

A round-up of links to news items on employment tribunal rulings in the week beginning 13 December 2010, including successful unfair dismissal and sex discrimination claims by two mothers who were made redundant by BSkyB.

A care worker was fairly dismissed for pinching the cheeks of elderly residents, in one of XpertHR’s latest tribunal reports.

The Government will consider evidence from the National Institute of Economic and Social Research (NIESR) that discrimination on the grounds of caste exists in the UK before deciding whether or not to implement the relevant provision in the Equality Act 2010, reports the BBC website.

As 2011 approaches, XpertHR counts down with five important employment decisions of 2010. In United States of America v Nolan, the Court of Appeal decided to seek clarification from the European Court of Justice as to when the obligation to consult on collective redundancies arises where an employer proposes closing a workplace.

As 2011 approaches, XpertHR counts down with five important employment decisions of 2010. In Russell and others v Transocean International Resources Ltd, the Court of Session in Scotland, considered the question of holiday entitlement under the Working Time Regulations 1998, and held that the claimants, who are offshore oil-rig workers, were not entitled to annual leave in addition to their onshore breaks.

An employment tribunal is hearing an unfair dismissal claim against Royal Mail being brought by a postman who was convicted of murder, reports the Daily Telegraph website.

As 2011 approaches, XpertHR counts down with five important employment decisions of 2010. In Royal NHS Foundation Trust v Roldan, the Court of Appeal held that the more serious the consequences of dismissal for an employee, the more thorough the disciplinary investigation should be.

A Conservative party member is taking the Northern Ireland Federation of Small Businesses (FSB) to a fair employment tribunal claiming that he was discriminated against because of his political beliefs, reports the Guardian website.

As 2011 approaches, XpertHR counts down with five important employment decisions of 2010. In Buckland v Bournemouth University Higher Education Corporation, the Court of Appeal held that an employer cannot cure a repudiatory breach of contract before an employee decides to resign.

Legislation has been published increasing the limit on the amount of the compensatory award for unfair dismissal from £65,300 to £68,400 on 1 February 2011.

The Confederation of British Industry has said that the abolition of the default retirement age should be delayed for one year (on the CBI website) because of fears of an unmanageable increase in age discrimination and unfair dismissal claims.

A post person was held to have been discriminated against, on the ground of his disability, by Royal Mail when the company prematurely dismissed him on for ill-health retirement, and failed to arrange a phased return when that dismissal was rescinded, in one of XpertHR’s latest tribunal reports.

As 2011 approaches, XpertHR counts down with five important employment decisions of 2010. In Eweida v British Airways Plc, a Christian employee was not discriminated against when her employer banned her from wearing a visible cross at work.

A round-up of links to news items on employment tribunal rulings in the week beginning 6 December 2010, including an award of over £50,000 for unfair dismissal, race discrimination and sexual harassment to a Polish female employee after a male employee stripped to his underwear in front of her each day, pressed himself against her and touched her under the table at the Christmas dinner.

The Employment Appeal Tribunal (EAT) is hearing an appeal against the employment tribunal decision that the Royal Navy discriminated against a female sailor in its promotion procedures, reports the BBC website.

A common question from witnesses in tribunal hearings is “do I have to read my witness statement out loud?” Happily for witnesses, the Employment Appeal Tribunal has provided guidance on this very issue, in the case of Mehta v Child Support Agency EAT/0127/10 (on the Bailii website).

According to a Liberal Senator in the Australian Federal Coalition, the party “should consider exempting small businesses from unfair dismissal laws, reports the Start Up Smart website.

The Daily Telegraph website has reported that a headteacher was dismissed after she failed to eat a slice of birthday cake left in her in-tray by an office worker and the dispute escalated into court and tribunal proceedings.

The coalition Government has taken the surprise decision to go ahead with controversial positive action provisions in the Equality Act 2010 that allow employers to favour under-represented groups in recruitment and promotion in some circumstances. What will they mean for employers?

A round-up of links to news items on employment tribunal rulings in the week beginning 29 November 2010, including a binman who unsuccessfully argued that he attacked his council in a blog as a taxpayer rather than an employee.

A railway worker was held to have been unfairly dismissed after his employer sacked him for using de-icer incorrectly on a train platform, in one of XpertHR’s latest tribunal case reports.

A council planner who was disciplined for “glaring” at a colleague is suing his former employer for psychiatric injury, reports the This Is London website.

The former Archbishop of Canterbury Lord Carey has again criticised employment tribunals for religious discrimination claims that Christians have lost (on the BBC website), as part of his campaign to highlight his belief that Christians are "under attack" in modern society.