Court Cancels Suspension and Orders Employee Back to Work
In Harrison v. Barking, Havering & Redbridge University Hospitals NHS Trust, the High Court cancelled Ms Harrison’s suspension and ordered the Trust to let her resume her duties. To fight a suspension as Ms Harrison did, see – Suspended...
I Lost My Job Over a Facebook Post – Was That Fair ?
Social Media Social media posts are often spontaneous and thoughtless, but many people are dismissed because of what they post on platforms such as Twitter, Facebook or Instagram. A woman employed by a US government contractor lost her job because she was photographed extending her midd...
Is It fair to dismiss an employee who has been charged with a Criminal Offence, but not Convicted?
The Employment Appeal Tribunal has ruled in Allan Lafferty v Nuffield Health [2019] , that an employer can dismiss an employee who has been charged with, but not convicted of a criminal offence. Allan Lafferty worked as a Hospital Porter with Nuffield Health. He had an u...
A Flawed Disciplinary Investigation Will Lead to a Finding of Unfair Dismissal
In Uddin v London Borough of Ealing [2020] the investigator withheld information from the disciplinary panel, leading to a finding of unfair dismissal by the Employment Appeal Tribunal (EAT). Mr Uddin had worked for the London Borough of Ealing since 2012. Following a te...
List of Critical Sector Workers in the Coronavirus Outbreak
Guidance on Critical Sector Workers The Government has published Guidance for schools, colleges and local authorities on maintaining educational provision with the detail of critical sector workers whose children may remain in school. The Department for Education has also published...
Dyson U-turns on Get Back to Work Order
According to The Guardian, Dyson has reversed an order that its office-based staff should return to the workplace after protests that the order contravened government guidance that people should “work from home, if you can”. An email informed staff that they were expected to star...
Employment Tribunals COVID 19 Update
The Presidents of the Employment Tribunals (E&W, and Scotland) have published FAQs arising from the COVID-19 Pandemic with details of how tribunals will operate during the coronavirus crisis. The updated guidance is summarised below, but bears reading if you have a claim currently i...
Flexible Furlough
Flexible Furlough comes in tomorrow 1st July 2020. This means that you can work part-time whilst furloughed and your employer must pay you for full-time hours not worked. This will be for any amount of time and any shift pattern. Your employer will still be able to claim under the Scheme for your...
Health Is Everyone’s Business
The Government has published Health is everyone’s business: proposals to reduce ill health-related job loss, a consultation closing on 7 October, which proposes a new right for employees to request workplace modifications on health grounds (this would be in addition to the duty to make&nb...
Breaking Wind and Burping in an Employees Face Is Constructive Dismissal
In Simplicio v Alfona Limited [2021], Edgar Simplico began working at L'antipasto, an Italian restaurant in Battersea, in 2007 under Alfonso Cretella the present owner's father. Alessandro Cretella took over the business in 2016. The case hinged on the digestive system of Mr Cretella and his...