Case update (1): Unfair dismissal – Investigation

Summary:  Can including too much information in an investigation report, in particular previous incidents which have not been the subject of disciplinary action, mean that a dismissal is unfair? No, says the EAT in NHS 24 v Pillar available here. Facts: The employee, Ms Pillar, was employed by NHS 24 (Scotland’s national telehealth organisation) as…
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Case update (1): Unfair dismissal – Investigations into serious misconduct

Summary:  Do procedural defects in serious misconduct investigation impact on the fairness of dismissal, even if rectified on appeal? Yes, says the EAT in Tykocki v Royal Bournemouth & Christchurch Hospitals NHS Foundation Trust available here. Facts:  The employee, Ms Tykocki, in this case was a long-serving Health Care Assistant, who was dismissed for gross…
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Case update (2): Unfair dismissal: HR teams – careful where you tread…

Summary: Can Human Resource’s involvement in a disciplinary investigation which goes beyond simply providing advice as to process, compromise the fairness of the dismissal? Yes, says the EAT in Dronsfield v University of Reading available here. Facts: The employee, Dr Dronsfield, was a professor at Reading University, and was bound by the university’s policies and…
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Blog: A word in your ear…

human workforce
How far can HR staff go in advising on whether to dismiss? When does setting the guidelines become pulling the strings? In the case of Ramphal v Department for Transport the EAT has provided a salutary reminder that interference can come back to bite you. Mr Ramphal was being investigated over his expenses claims and…
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Case update (2): Unfair dismissal – investigating misconduct

Summary: In a suspected misconduct case does an employer have to investigate every line of defence put forward by an employee in order to secure a fair dismissal? No, held the Court of Appeal in Shrestha v Genesis Housing available here. Facts: Mr Shrestha was employed by Genesis as a mobile worker. He travelled by car…
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Newsflash: Investigating misconduct

Summary: In a suspected misconduct case does an employer have to investigate every line of defence put forward by an employee in order to secure a fair dismissal? No, held the Court of Appeal in Shrestha v Genesis Housing available here. Comment: This is welcome confirmation for employers that they need only carry out a…
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Case update (3): Reasonable investigation

Summary: If an employee is alleged to have acted dishonestly does this mean that there is a higher threshold in terms of the investigation needed to be carried out by an employer prior to a fair dismissal? No, said the Court of Appeal in Stuart v London City Airport, (accessible here), even in circumstances where,…
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