The Employment Appeal Tribunal (EAT) has affirmed that an employee who makes up, or exaggerates the effects of, an injury or illness to take fraudulent sick leave is fundamentally breaching the implied term of trust and confidence and can be dismissed for misconduct.
Updated to reflect an increase in the maximum unfair dismissal compensatory award, with effect from 6 April 2017.
Updated to reflect an increase in the maximum compensatory award for unfair dismissal, with effect from 6 April 2017.
Updated to reflect an increase in the amount of the basic award, with effect from 6 April 2017.
In Ramphal v Department for Transport  IRLR 985 EAT, the EAT held that a disciplinary process was potentially unfair on the basis that the manager who conducted it was improperly influenced in his conclusions by representatives of HR who had not been directly involved in or present at the disciplinary hearing.
In Underwood v Wincanton plc EAT/0163/15, the EAT held that an employment tribunal had erred in striking out a whistleblowing claim on the basis that the alleged disclosure could not in law satisfy the requirement of being in the "public interest".
David Malamatenios is a partner in the employment department at Colman Coyle Solicitors. He rounds up the latest rulings.
On this week's podcast, we discuss disciplinary warnings that lead to dismissal for misconduct and the decision in Cogman v Stannah Stairlifts Ltd.
In this week's podcast, we discuss potentially fair statutory ban dismissals and provide guidance on the procedure that employers should go through.
HR and legal information and guidance relating to unfair dismissal.