unfair dismissal

“Offensive” Claimant has his Employment Tribunal claim struck out for unreasonable behaviour

August 26, 2013

In this story from the IOM Today last week, we learned that a Claimant in the Employment Tribunal had his claim struck out at a hearing for unreasonable behaviour, including turning his back on the Tribunal, packing his belongings, attempting to “blacken” the name of the Respondent’s representative and leaving the hearing early. Mr Adenaike, […]

Read the full employment blawg post →

Sacked carer brings Employment Tribunal claim for unfair dismissal

August 20, 2013

A sacked care manager has issued a claim in the Employment Tribunal after she was dismissed from her job last year. Mrs Donna Savigar worked for a period of five years as a care manager for Stoke-on-Trent council until she was dismissed in 2012. The reason for her dismissal is not clear but she contends […]

Read the full employment blawg post →

Employment Tribunal cases in the news last week

August 12, 2013

In this post we’re going to look at a number of Employment Tribunal cases that have made the headlines in the last week, including: Black worker awarded £27,000 after hearing colleague referred to as golliwog (The Telegraph) A black worker who worked at a fruit and vegetable wholesaler in Gloucester has won his Employment Tribunal […]

Read the full employment blawg post →

When does a dismissal become automatically unfair?

July 30, 2013

To bring an unfair dismissal claim against their former employer, an individual must: actually be an employee (as opposed to “worker”); have been dismissed (as defined by s.95 of the Employment Rights Act 1996); if hired before 6 April 2012 have 1 year’s continuous service; if hired on or after 6 April 2012 have 2 […]

Read the full employment blawg post →

Female employee sacked after affair with boss wins Employment Tribunal claim

June 19, 2013

A female employee has won her Employment Tribunal claim for unfair dismissal and sexual harassment after she was fired in 2011. The female employee (who cannot be identified for legal reasons) started work at the property firm, based in central London, as a personal assistant in 2008. Soon after she started work at the firm […]

Read the full employment blawg post →

Sacked heart doctor makes Employment Tribunal claim for unfair dismissal

June 12, 2013

A heart specialist has given evidence before an Employment Tribunal after he was sacked by a Hospital Trust in 2010. Dr Raj Matthu was suspended by the University Hospital of Coventry and Warwickshire NHS Trust in February 2002 on allegations that he had been bullying and harassing other staff members. He had previously – in […]

Read the full employment blawg post →

Apprentice claim is labelled “a claim which should never have been brought”

April 14, 2013

The 2010 Apprentice winner, Stella English, has lost her claim for constructive dismissal against Lord Sugar’s company, Amshold Group Limited. The Employment Tribunal’s decision can be read here: English v Amshold Group Ltd. It was widely reported in the press that English described her £100,000 a year job as “a sham” and claimed she was […]

Read the full employment blawg post →

Violence in the workplace and unfair dismissal claims

March 19, 2013

Violence inside or outside of the workplace is an all-too-common phenomenon and can have serious consequences for both employers and employees. We’ll therefore take a look at violence in a workplace context in this post and examine the potential consequences of violent conduct for employees (including an examination of the potential for Employment Tribunal proceedings). […]

Read the full employment blawg post →

Can an At-Will Employee Be Unlawfully Discharged?

March 15, 2013

Guest post based on US employment laws. Although an employment relationship is presumed to be at-will in most states, allowing an employer to lawfully discharge an employee at any time, and without prior warning, there are numerous exceptions to this rule that protect employees against adverse employment actions. These exceptions are recognized by the courts, […]

Read the full employment blawg post →

Can racial harassment constitute gross misconduct?

March 11, 2013

A recent excerpt in the Daily Telegraph reported the dismissal of a police officer for making racially-motivated comments towards another colleague in the Metropolitan police force. We’ll take a look at the above matter in this article and examine whether racial harassment can constitute grounds for gross misconduct and potential dismissal. In the case reported […]

Read the full employment blawg post →