In Talon Engineering Ltd v Smith, the Employment Appeal Tribunal (EAT) held that an employer's refusal to postpone a disciplinary hearing for two weeks to allow the employee's union official to accompany her made her dismissal unfair.
In Patel v Folkestone Nursing Home Ltd, the Court of Appeal held that the effect of a contractual right of appeal against dismissal is that a successful appeal revives the contract and extinguishes the original dismissal.
Updated to include information on City of York Council v Grosset, in which the Court of Appeal confirmed that a dismissal which is in breach of the Equality Act 2010 may still be a fair dismissal.
In Bluebird Buses Ltd v Borowicki, the Employment Appeal Tribunal (EAT) upheld an employment tribunal's findings of unfair and wrongful dismissal in relation to a bus driver whose bus became stranded after he drove it into a patch of flooded road.
In Lancaster & Duke Ltd v Wileman, the Employment Appeal Tribunal (EAT) held that an employee who was dismissed for gross misconduct could not extend her length of service by the statutory minimum notice period to allow her to qualify to bring a claim of unfair dismissal.
In Mbubaegbu v Homerton University Hospital NHS Foundation Trust, the Employment Appeal Tribunal (EAT) held that the summary dismissal of a surgeon was fair where the trust had relied on a pattern of conduct, but there had been no single act amounting to gross misconduct.
In Reilly v Sandwell Metropolitan Borough Council, the Supreme Court held that a head teacher was fairly dismissed for failing to disclose her association with a convicted sex offender.
Consultant editor Darren Newman considers a recent case in which the Supreme Court judges seemed to cast doubt on the long-established approach to misconduct dismissals set out in Burchell.
The Employment Appeal Tribunal (EAT) has held that, on the particular facts, the employee's dismissal for 20 months' unauthorised absence was unfair.
The Employment Appeal Tribunal (EAT) has held that, in a conduct dismissal, an employer must establish that the reason or principal reason for the dismissal relates to conduct, and not that the conduct itself is culpable.
HR and legal information and guidance relating to misconduct dismissals.