Law reports

Precedent-setting cases from the EAT and appellate courts, along with reports of selected tribunal cases.

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Decisions
Cases on Appeal

Notice to department did not constitute resignation from employer

Date:

19 September 2018

In East Kent Hospitals University NHS Foundation Trust v Levy, the Employment Appeal Tribunal (EAT) held that an employee's letter of notice to her department did not amount to a resignation from the respondent's employment because the wording used was ambiguous.
Pilot who provided fake reference from Star Wars villain ordered to repay training costs

Date:

5 September 2018

In Francis-McGann v West Atlantic UK Ltd, the employment tribunal ordered a pilot to repay £4,725 in training costs after it emerged that he provided a fake reference using the name of a character from Star Wars.
Victimisation: Focus of test for bad faith is honesty, not motivation

Date:

30 August 2018

In Saad v Southampton University Hospitals NHS Trust, the Employment Appeal Tribunal (EAT) held that the primary question, when deciding if an employee acted in bad faith, is whether or not the employee acted honestly in making the discrimination allegation, not the employee's ulterior purpose.
Legal privilege: Email on how to disguise discriminatory dismissal is admissible

Date:

24 August 2018

In X v Y Ltd, the Employment Appeal Tribunal (EAT) held that an email containing legal advice on how to disguise a discriminatory dismissal as a redundancy is not protected by legal advice privilege and is admissible as evidence in a tribunal.
EAT remits flawed tribunal decision that pub worker was fairly dismissed for "theft"

Date:

24 August 2018

In Dibble v Falzon and Falzon t/a The Anne Arms, the Employment Appeal Tribunal (EAT) found that there were fundamental flaws in a tribunal decision that a pub worker was fairly dismissed over CCTV footage of her taking money out of a bar till.

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