Welcome to the fourth edition of The Employment Edit – a summary of the most important recent cases and news affecting employers in the UK. We hope you find this newsletter helpful and informative. In this edition we look at:...more
In NHS 24 v Pillar UKEATS/0005/16, the Employment Appeal Tribunal (EAT) considered the appropriate scope of an employer’s investigation into alleged misconduct in disciplinary proceedings. Ms Pillar was employed by NHS 24...more
A little knowledge is dangerous – awareness of the consequences of a disability not required for discrimination "arising from" disability - In City of York Council v Grosset, the EAT decided that the employer did not...more
In Bandara v British Broadcasting Corporation UKEAT/2016/0335/15/JOJ, the Employment Appeal Tribunal (EAT) considered the fairness of a dismissal where the employer had relied on a previous final written warning which was...more
In Garamukanwa v Solent NHS Trust UKEAT/0245/15, the Employment Appeal Tribunal (EAT) considered whether an employee had a reasonable expectation of privacy in respect of material on his mobile phone during disciplinary...more
In Metroline West Ltd v Ajaj UKEAT/0185/15/RN, the Employment Appeal Tribunal (EAT) considered the fairness of a dismissal of an employee who had exaggerated his sickness. Mr Ajaj was employed as a bus driver for...more
Disciplinary Procedures - There have been a number of recent decisions, all with a practical impact on the conduct of disciplinary procedures. Right to be accompanied - In Stevens –v- University of Birmingham,...more
In MBNA Limited v Jones UKEAT/0120/15, the Employment Appeal Tribunal (EAT) considered whether the inconsistent treatment of two employees arising from the same incident rendered the dismissal of one of them unfair....more
What happened? In Smith v British Waterways Board the Employment Appeal Tribunal (“EAT”) decided that an employee was fairly dismissed for posting derogatory and disparaging comments on Facebook despite the comments being...more
In British Waterways Board v Smith UKEATS/0004/15/SM, the Employment Appeal Tribunal (EAT) examined whether an employer acted lawfully when dismissing an employee for gross misconduct due to remarks he had made on Facebook...more