In Pendleton v Derbyshire County Council and another  IRLR 580 EAT, the EAT held that the dismissal of an Anglican Christian teacher who refused to leave her husband, who had been convicted and sentenced to 10 months' imprisonment for making indecent images of children and voyeurism, was unfair and indirect religion or belief discrimination.
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.
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.
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 High Court has held that an employer's email to its clients advising that a named employee had been dismissed for gross misconduct was not defamatory. The employer had a defence to libel because the statement was substantially true.
In Novakovic v Tesco Stores Ltd EAT/0315/15, the EAT held that the employment tribunal failed to consider all relevant evidence when finding that the employee had affirmed the employer's repudiatory breach of contract.
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.
In Morgan v Royal Mencap Society, the Employment Appeal Tribunal (EAT) held that an employment tribunal was wrong to strike out a whistleblowing claim on the basis that an employee's complaint about cramped working conditions was not "in the public interest". Naomi Clarkson explains this recent employment case.
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.
The Employment Appeal Tribunal (EAT) has held that the dismissal of a Christian employee because of her refusal to end her marriage with a convicted sex offender was indirect religious discrimination.
HR and legal information and guidance relating to dismissal.