Recently in Unfair dismissal Category

A round-up of links to stories about employment tribunal rulings reported in the week beginning 13 May 2013, during which a tribunal heard a religion or belief discrimination claim by a Christian telesales worker that he was required to lie to potential customers to make sales.

Christian telesales employee tells tribunal he objected to "lying" to make sales (on the Personnel Today website) A Christian telesales worker has told an employment tribunal that being required to lie to potential customers to make sales was against his beliefs.

We round up what caught Tribunal Watch's eye on Twitter in the week beginning 13 May 2013, during which the Supreme Court held in President of the Methodist Conference v Preston, by a four-to-one majority, that a minister of religion was not an employee and could not claim unfair dismissal.

A round-up of links to stories about employment tribunal rulings reported in the week beginning 6 May 2013, during which a tribunal found that a dental nurse was constructively dismissed after warnings over eating an apple while on reception, using her mobile for personal calls, and going on Facebook during work time.

Dental nurse wins case after being given written warning for eating apple (on the Daily Telegraph website) A dental nurse who was given a written warning by bosses for eating an apple has won a case for constructive dismissal against the surgery.

A round-up of links to stories about employment tribunal rulings reported in the week beginning 22 April 2013, including a tribunal finding that six parking enforcement workers who were made redundant when the services they provided were outsourced to a private company and their jobs relocated from Barnet to Croydon and Lancing.

Unison wins unfair dismissal claim for workers transferred from Barnet to Croydon or Lancing (on the Unison website) Unison has won unfair dismissal claims in Besagni and others v NSL and RR Donnelly for six parking enforcement workers who were made redundant when the services they provided were sold off to a private company and their jobs relocated from Barnet to Croydon or Lancing.

We round up what caught Tribunal Watch's eye on Twitter in the week beginning 22 April 2013, including the enactment in Parliament of the Enterprise and Regulatory Reform Act 2013, which makes a wide range of changes to employment law and tribunal procedure, and Growth and Infrastructure Act 2013, which allows for the introduction of employee-shareholder contracts.

A round-up of links to stories about employment tribunal rulings reported in the week beginning 8 April 2013, including a tribunal finding that a chef who has a serious allergic reaction when he comes into contact with all types of nuts has a disability and can proceed with his disability discrimination claim.

Chef with nut allergy can claim disability discrimination (on the Kidderminster Shuttle website) A chef has been told that he can go ahead with a compensation claim for disability discrimination against his employer - because he is allergic to nuts.

We round up what caught Tribunal Watch's eye on Twitter in the week beginning 8 April 2013, including the employment tribunal decision in English v Amshold Group Ltd rejecting Stella English's constructive dismissal claim in the "Apprentice case".

The news that Kent youth PCC Paris Brown has resigned after a Twitter row and two police employees resigned in 2012 for misuse of Facebook (on the BBC website) suggests that employers are still having issues with employees' social media activities. We round up ten employment cases involving Facebook.

Facebook entry and YouTube video led to amateur model's dismissal
Gill v SAS Ground Services UK Limited ET/2705021/09
Employers can use entries on websites such as Facebook and YouTube as evidence in disciplinary proceedings, as this case demonstrates.

Facebook page criticising employer did not justify dismissal
Stephens v Halfords plc ET/1700796/10
Employees' entries on social media critical that are of their employer will not always justify dismissal, as this case demonstrates.

Abusive Facebook comments led to pub shift manager's dismissal
Preece v JD Wetherspoons plc ET/2104806/10
In this case, an employee's inappropriate use of Facebook after a workplace incident led to her summary dismissal.

Employee who commented on Facebook that she worked "in a nursery" was unfairly dismissed
Whitham v Club 24 Ltd t/a Ventura ET/1810462/10
An increasing number of tribunal cases involve employees making work-related comments on Facebook. This case shows that derogatory comments will by no means always justify dismissal.

Apple's dismissal of employee for adverse Facebook comments not unfair or breach of human rights
Crisp v Apple Retail (UK) Ltd ET/1500258/11
In this case, one of the world's most prominent consumer technology companies, Apple, used its policies and procedures to dismiss fairly an employee who had made several Facebook posts that it considered could damage its reputation.

A round-up of links to stories about employment tribunal rulings reported in the week beginning 1 April 2013, including the HMRC ordering two telecoms firms to pay £21,224.53 to 14 workers and £75,117.28 to 183 workers in national minimum wage arrears, as well as a £5,000 penalty each.

Telecoms firms ordered to pay £100,000 national minimum wage arrears (on the HMRC website) Two telecommunications companies have been ordered to pay wage arrears of almost £100,000 to 197 of their call centre telesales workers.

A round-up of links to stories about employment tribunal rulings reported in the week beginning 25 March 2013, including an award of 45 days' pay to 36 call centre workers for Capita's failure to provide Unison with information on agency workers when consulting on proposed redundancies.

Unison victory for Lambeth Council workers (on the Unison website) Capita has been found to have not provided information on agency workers to consult fully with Unison in relation to the proposed redundancy of 36 call centre workers.

Note: In February 2013, another employment tribunal found in Unison v London Borough of Barnet and another that Barnet Council was in breach of its duty to provide Unison with the required information on agency workers during redundancy and TUPE consultations.