Updated to include information on Khan v Stripestar Ltd, in which the EAT considered the extent to which a defective disciplinary process can be cured through an appeal; and Grayson v Paycare concerning the correct approach to a Polkey reduction.
The dismissal of an experienced baker for not washing his hands was held to be fair by the employment tribunal in Donovan v Greggs plc, because he should have appreciated the seriousness of his misconduct.
An employment tribunal has held that an experienced employee should have appreciated the seriousness of breaching his employer's hygiene rules and it was appropriate for the employer to dismiss him.
So far in 2016, there have been notable employment law cases on: holiday pay; childcare vouchers; social media at work; fraudulent sick leave; and reasonable adjustments for disabled people.
When can an employer impose different sanctions on employees for the same offence? An employee's seniority and experience, previous disciplinary record and attitude after the event can all play a part in the employer's decision-making process.
Employers need to tread carefully in situations where disparity of treatment arises. Natalie Jeffries, an associate from Burges Salmon, looks at the lessons from key cases where employees in an organisation were dealt with differently for the same types of misconduct.
Can there ever be circumstances in which a dismissal for the use of racist language at work is unfair? The employment tribunal in Mann v NSL Ltd gave short shrift to an unfair dismissal claim by a worker who admitted using a racist term in front of colleagues.
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.
Old Trafford stadium had to be evacuated, at an estimated cost of £3 million, due to a fake bomb accidentally being left in a toilet after a training exercise. We round up five examples in case law that highlight the consequences of a one-off lapse in judgement.
After a mistake by a private security company during a training exercise led to a fake bomb being left in a toilet at Old Trafford, we explore the legal position for employers when an employee makes a single serious mistake at work.
HR and legal information and guidance relating to dismissals for a reason relating to conduct.