An employment tribunal has held that an HR director in the NHS was constructively dismissed and discriminated against after she rejected the sexual advances of the trust's chairman. She was awarded £832,711.
The Employment Appeal Tribunal (EAT) has held that both the claimant's former and prospective employers committed discrimination arising from disability when a negative verbal reference resulted in a job offer being withdrawn.
The Court of Appeal has held that an employer's failure to deal with antagonism towards a trade union member amounted to a detriment because of trade union activities.
In Adeshina v St George's University Hospitals NHS Foundation Trust  IRLR 704 EAT, the EAT held that flaws in disciplinary proceedings leading to a dismissal were remedied by the appeal process, and that the dismissal was fair.
An employment tribunal has held that an NHS trust committed discrimination arising from disability and failed to make reasonable adjustments for an employee having cancer treatment who was required to undergo a competitive interview process during a redeployment exercise.
The Employment Appeal Tribunal (EAT) has held that a dismissal was fair despite flaws in the first stage of the disciplinary process and in the composition of an appeal panel.
An employment tribunal has held that an NHS trust unfairly dismissed an employee who was reported for coming to work smelling of alcohol, without further evidence that he was unfit for work.
In Thomson v Imperial College Healthcare NHS Trust EAT/0218/14, the EAT upheld an employment tribunal's ruling that a conduct dismissal was unfair because the chair of the disciplinary panel had no training or experience in the role, and he impermissibly dismissed for what amounted to serious but not gross misconduct. The employee had, however, failed to establish that there was any failure to make reasonable adjustments.
HR and legal information, news and guidance relating to employers in the health sector.