Legal professional privilege, litigation advice privilege, iniquitous principle, unfair dismissal, right to appeal, unlawful protection from wages claim, income protection payments - EAT concludes that an email sent prior...more
Turning a blind eye – one-off act not a PCP - In Ishola v Transport for London the Court of Appeal confirmed that it was not a provision, criterion or practice to require an employee to return to work before a proper...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
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 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
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