Case law updates

Case law updates

EAT highlights need for investigators to share all relevant information with disciplinary officers

The Employment Appeals Tribunal (EAT) has ruled that an employee was unfairly dismissed because the officer investigating allegations of sexual misconduct against him did not pass on relevant information to the manager undertaking the hearing. …

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Case law updates

“Mind made up” investigation leads to successful UD claim.

An ET has ruled that a hairdresser and beauty therapist was unfairly dismissed after her employer failed to substantiate complaints about her behaviour and went into an investigation having already made their mind up about …

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Case law updates

Employee acquitted of criminal offence wins claim for “pre-emptive” dismissal

An insurance worker was unfairly and wrongly dismissed from his job while still the subject of a criminal investigation, an ET has found. Mr Bosher was arrested in 2017 on suspicion of possession of indecent …

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Case law updates

Failure to follow grievance procedure contributes to successful constructive dismissal claim

A charity manager was unfairly dismissed after she said she was ‘demoted’ when her role and responsibilities were shared with a colleague, a tribunal has found. An Employment Tribunal has ruled that a Care Attendant …

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Case law updates

Dismissal of Council Manager ruled unfair following“seriously flawed” Investigation

A tribunal has ordered the reinstatement of a council manager and the payment of £100,618 in lost wages after his claim of unfair dismissal was upheld. Mr Thornhill, who had worked for Camden Borough Council …

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Case law updates

Covert recordings not always misconduct

An Employment Appeals Tribunal (EAT) has ruled that covertly recording a meeting in the course of a formal disciplinary or grievance process is not always misconduct and may be acceptable in specific cases. The EAT …

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