The Employment Appeal Tribunal (EAT) has held that the "Acas code of practice on disciplinary and grievance procedures" does not apply to dismissals for some other substantial reason (SOSR) due to a breakdown in working relationships.
In Metroline West Ltd v Ajaj; Ajaj v Metroline West Ltd EAT/0185/15 & EAT/0295/15, the EAT held that an employment tribunal erred in concluding that an employee was unfairly and wrongfully dismissed where the tribunal had wrongly substituted its view that the employee had not been capable of performing his role for the employer's actual reason for dismissal, which was the employee's dishonesty.
The Employment Appeal Tribunal (EAT) has held that the "Acas code of practice on disciplinary and grievance procedures" does not extend to dismissals on the ground of ill health.
An employment tribunal has held that an employer fairly dismissed an employee for using a racist term in the presence of white colleagues. The tribunal was unimpressed with the claimant's arguments that he did not realise anyone was listening, did not intend to offend, and the word is "street talk" where he lives.
Beth Staniland is a trainee solicitor, and Emma Cousins, Ciara Jenkins, Iain Naylor and Lucy Sorell are associates at Addleshaw Goddard LLP. They round up the latest rulings.
A manager who refused to take a "for cause" drug test was fairly dismissed because his employer was entitled to expect him to set an example for other staff, according to an employment tribunal.
The Employment Appeal Tribunal (EAT) has considered the fairness of a dismissal for uploading obscene material onto a work cloud storage account, when the employee argued that password sharing was "widespread" in his workplace.
In MBNA Ltd v Jones EAT/0120/15, the EAT held that the employee was fairly dismissed despite the fact that a colleague involved in the same incident received a final written warning.
Lauren Evans, Iain Naylor, David Rintoul, Lucy Sorell and Rachael Wake are associates at Addleshaw Goddard LLP. They round up the latest rulings.
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.
HR and legal information and guidance relating to the fairness of the reason for dismissal.