In this employment tribunal decision, the employer's hasty overreaction to an alleged breach of its communications policy led to a successful claim for unfair dismissal.
A tribunal award of nearly £15,000 was the result of this employer's multiple failures when dismissing a Portuguese care worker with a poor grasp of English for the use of a single inappropriate word in the presence of a member of the public.
A large energy supplier has successfully defended an employment tribunal claim that it unfairly dismissed a customer services adviser who commonly hung up on customers and was recorded telling one customer to "bugger off".
An employee's inappropriate behaviour towards a customer can clearly be a fair reason for dismissal, as the unsuccessful claimant in this tribunal case found out.
An employee's inappropriate behaviour towards a customer is not necessarily a fair reason for dismissal when the surrounding circumstances are taken into account, as the employer in this tribunal case found out.
In DLA Piper's case of the week, Brito-Babapulle v Ealing Hospital NHS Trust, the Employment Appeal Tribunal highlighted that, even when the employer believes there to be gross misconduct, such a dismissal may not always be within the range of reasonable responses, as mitigating factors may mean that the sanction of dismissal was not in fact reasonable.
This employment tribunal decision shows that there is nothing to stop a transferee from disciplining a transferred employee who is alleged to have committed misconduct before the transfer.
Joe Beeston, Kate Edminson, Rosie Kight and David Rintoul are associate solicitors and Iain Naylor is a trainee solicitor at Addleshaw Goddard LLP. They round up the latest rulings. They round up the latest rulings.
In DLA Piper's case of the week, Lund v St Edmund's School, Canterbury, the Employment Appeal Tribunal held that the Acas code of practice on disciplinary and grievance procedures should have been followed in a case where the reason for dismissal was stated to be for "some other substantial reason" (SOSR), but disciplinary proceedings ought to have been invoked.
The Employment Appeal Tribunal has reiterated the importance of employers carrying out a sufficiently thorough disciplinary investigation where there are allegations of criminal behaviour.
HR and legal information and guidance relating to dismissals for a reason relating to conduct.