The Employment Appeal Tribunal (EAT) has held that the circumstances surrounding a protected conversation made dismissal appear a foregone conclusion and amounted to a fundamental breach of contract.
Chris Cook is partner and head of employment and Keely Rushmore is senior associate at SA Law. They round up the latest rulings.
In Theedom v Nourish Trading Ltd (t/a CSP Recruitment) and another  IRLR 866 HC, the High Court dismissed an employee's libel claim in respect of emails sent by his employer about his misconduct.
The Employment Appeal Tribunal (EAT) has upheld an employment tribunal decision to award £14,000 for injury to feelings after a young lawyer was subjected to sexual harassment in the workplace and forced out of her job. Zoe Lomax, employment associate at DLA Piper, examines the decision including the level of compensation dictated by the Vento bands.
In Phoenix House Ltd v Stockman and another  IRLR 848 EAT, the EAT held that, while the "Acas code of practice on disciplinary and grievance procedures" did have some application to elements of a "some other substantial reason" dismissal, it was not appropriate to apply the uplift in compensation for unfair dismissal in such a case.
An employment tribunal in Scotland has awarded £28,321 to a Network Rail employee over his employer's policy of giving a period of full pay to mothers and primary adopters on shared parental leave, but paying only statutory shared parental pay to partners and secondary adopters.
David Malamatenios is partner at Colman Coyle solicitors. He rounds up the latest rulings.
In Asda Stores Ltd v Brierley and others  IRLR 709 CA, the Court of Appeal held that, although employment tribunals have the power to grant an indefinite stay of proceedings, there was no requirement for a tribunal to do so merely because the respondent wanted to have equal pay claims against it heard in the High Court rather than the tribunal.
In Holmes v Qinetiq Ltd  IRLR 664 EAT, the EAT held the "Acas code of practice on disciplinary and grievance procedures" has no application where an employer does not allege culpable conduct by an employee. Accordingly, no uplift to compensation under s.207A of TULR(C)A could be applied where the employee was unfairly dismissed on ill-health grounds.
In DLA Piper's latest case report, the Employment Appeal Tribunal (EAT) confirmed the privilege that applies to protected conversations cannot be waived and extends not only to the content of those protected conversations, but also to the fact of the conversations taking place.
HR and legal information and guidance relating to employment disputes.