Case law updates

Case law updates

Investigation’s “lack of even handedness” leads to unfair dismissal ruling in claimant’s favour

A Tribunal has found that an investigation into allegations against a Tesco store manager  was ‘unfairly focused’ on establishing his guilt and that it  “lacked even-handedness” by not giving proper consideration to all the evidence. …

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Case law updates

“Sham” investigation in director’s dismissal

A tribunal has found that the director at an auction house was subject to a “sham” investigation that resulted in him being unfairly and wrongfully dismissed, Mr Palmer, one of three directors at Cavendish Philatelic …

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Case law updates

Tribunal rules for wrongful dismissal following flawed investigation

A mental health practitioner, Mr Gormley, dismissed for gross misconduct in March 2023 after City of York council received a formal complaint about comments he was alleged to have made to colleagues, has won his …

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Case law updates

Tribunal finds for dismissed warehouse worker after employer committed ‘numerous’ and ‘serious’ breaches of ACAS Code

A warehouse worker who was sacked after a colleague discovered an online video of him being confronted by paedophile hunters while waiting to meet a 14-year-old girl was unfairly dismissed, a tribunal ruled.  It heard that …

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Case law updates

Claim for wrongful dismissal succeeds following serious flaws in the disciplinary process

The East of England Ambulance Service has been required to pay compensation of nearly £50k to a former paramedic after wrongfully dismissing him for assault allegations. Peter Edwards, who worked as a senior paramedic, was …

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Case law updates

Disciplining twice for the same offence not automatically unfair

Whilst an employee should not generally be disciplined twice for the same offence, a recent case shows that in exceptional circumstances an employer can reopen disciplinary proceedings that had been previously concluded. In the case …

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