This week's care round-up by Eversheds, covering: TUPE and disciplinary warnings.
In Adekeye v The Post Office (No.2) (13 November 1996) EOR71B, the Court of Appeal rules that the Race Relations Act 1976 does not cover discrimination against those who are no longer employed at the time of the act complained of.
An employee was fairly dismissed for misconduct even though another employee who was guilty of the same conduct was treated differently and given a final written warning, holds the EAT in London Borough of Harrow v Cunningham.
In Adekeye v The Post Office (No.2) (15 February 1995) EOR61D, the EAT rules that an employee who is summarily dismissed cannot bring a complaint alleging discrimination in the conduct of an internal appeal against the dismissal.
In Bevan Ashford v Malin, the EAT holds that a final written warning to an employee, which stated that it would remain on his personal file for a period of 12 months from the date of the warning, should be construed strictly against the employer.
An employee dismissed for allegedly stealing a loaf of bread was fairly dismissed, despite the fact that at his internal appeal hearing no further consideration was given to the question of whether dismissal was the appropriate penalty in his case, holds the EAT in British Bakeries Ltd v Howarth.
An employee whose internal appeal against dismissal was heard and decided by an improperly constituted appeals tribunal was unfairly dismissed, holds the EAT in Cabaj v Westminster City Council.
A dismissed employee's failure to pursue an internal appeal procedure after their dismissal cannot, as a matter of law, amount to a failure to mitigate their loss, holds the EAT in Lock v Connell Estate Agents.
An employer which dismissed an employee after an altercation on the shop floor acted unreasonably because it had not fully investigated the circumstances, but had jumped to the conclusion that the employee was guilty of misconduct, holds the EAT in FMU Ltd v Sutheran.
In Adekeye v The Post Office (10 March 1993) EOR50C, the EAT holds that the outcome of an appeal against dismissal can constitute a freestanding ground for a complaint of race discrimination.
HR and legal information and guidance relating to disciplinary penalties.