Category Archives: Case update

Case update (3): Vicarious liability 

What do we already know?  We updated you in our December 2020 Newsletter Case update (2): Employer’s liability – the tribunal finds nothing to laugh about in an employee’s practical joke that the High Court in Chell v Tarmac Cement and Lime Ltd found that an employer was not liable for an employee’s practical joke…
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Case update (2): Vexatious grievances and unfair dismissal 

dismissed
Summary:  Was a dismissal for gross misconduct relating to the raising of vexatious grievances which the employee refused to either pursue or withdraw, fair? Yes, says the EAT in Hope v British Medical Association, available here. Background: If an employee raises a grievance for dishonest or malicious reasons this will be ‘vexatious’ and it may…
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Case update (4): Discrimination and time limits 

Summary:  Can a tribunal extend time in a discrimination claim where the employees have waited to issue proceedings while pursuing grievances? Yes, held the EAT in Wells Cathedral v Souter (available here) but not always. Background: A discrimination claim must normally be submitted to a tribunal before the end of ‘the period of three months…
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Case update (1): Holiday pay

holiday
What do we already know? We updated you in our 2021 Newsletter Issue 3 Case update (4): No carry over for taken unpaid leave on the EAT’s decision in Smith v Pimlico Plumbers that claims for unpaid holiday had to be brought within three months of when the holiday should have been paid. What’s new?…
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 Case update (1): Worker status and substitution

cycle courier
Summary:  Does a courier’s ability to use an app to release their time-slot to other couriers (from the same company) provide sufficient right of substitution to defeat a claim to worker status? No, says the Court of Appeal in Stuart Delivery Ltd v Augustine available here. Background: The law groups staff as employees, workers or…
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Case update (3):  Disability discrimination and the menopause

menopause
What do we already know? We have previously discussed legal issues surrounding the menopause and the workplace (see here).  In Anne-Marie Boyle’s blog Menopause – the last workplace taboo? Part 2 she highlighted disability discrimination as a particular risk and that staff with strong menopausal symptoms could well qualify as being disabled.  At this time…
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Case update (5):  Unfair dismissal – Who’s in the know?

dismissed
What do we already know? We updated you in our December 2019 Newsletter here on the Supreme Court decision in Royal Mail v Jhuti.  The Court decided that tribunals have a duty to look beyond a dismissing manager’s reason for dismissal if they are influenced by another manager (senior to the employee) who hides the…
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Case update (6): Unfair dismissal – Focus on final warnings

written warning
Summary:  Should a tribunal re-evaluate a final written warning when considering if a capability dismissal was fair? No, says the EAT in Fallahi v TWI (available here). Not unless the warning was given in bad faith and ‘manifestly inappropriate’. Background: Following a fair dismissal procedure often includes giving warnings, including a final written warning, before…
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Case update (2):  Trade unions – Collective bargaining

Summary:  Is it unlawful for an employer to make direct offers to employees in connection with pay and changes to terms and conditions of employment while the collective bargaining process is still continuing? Yes, says the Supreme Court in Kostal UK Ltd v Dunkley and ors available here.  The employer should have followed and exhausted…
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Case update (4):  Disability discrimination – Post-dismissal knowledge

Summary:   Is an act of dismissal discriminatory when the employer only knows of the disability post-dismissal? No, says the EAT in Stott v Ralli Ltd available here. Background:  Employees can bring a claim under s15 Equality Act 2010 that they have been subjected to unfavourable treatment because of something arising from a disability. However, for…
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