Employment Articles

Firm's equality and diversity training was stale and ineffective

A firm’s equality and diversity training has been dismissed by the Employment Appeal Tribunal as stale and ineffective against preventing harassment. The case involved Allay (UK) Ltd and Mr S Gehlen, who was of Indian origin. Mr Gehlen had been...

Bus driver who knocked down cyclist was not unfairly dismissed

A bus driver who knocked down a cyclist after he made obscene gestures towards him has lost his claim of unfair dismissal. Sam Beech had worked for Lothian Buses for 11 years until he was dismissed in September 2019 for gross misconduct. It all hinged on...

Cancer sufferer told to 'grow up' wins unfair dismissal claim

The Employment Tribunal has ruled that a manager who was told not to be a baby when he asked for time off due to kidney cancer was constructively dismissed. The case involved Steve Pointon, who was general manager of Alpha Omega Security from 2015-2018. He...

Manager was discriminated against while her son was in hospital

A manager was unfairly dismissed after she was told she couldn’t work remotely at her son’s hospital bedside. The case involved Lorraine Hodgson, who was office manager of Martin Design Associates. Hodgson’s son was in hospital with...

Bank worker who phoned boss on Christmas Day unfairly dismissed

A bank worker has won his claim of unfair dismissal after he was made redundant following the breakdown of his relationship with his bosses. Joynal Choudhury had worked for Gatehouse Bank since 2015 and took on a new role as head of real estate in March...

When it is lawful to refuse to rehire unfairly dismissed employee

The Court of Appeal has confirmed that an employer could be justified in not re-engaging an unfairly dismissed employee if it had a rational belief that he could not carry out the duties required in a new role or if there had been a genuine breakdown of...

Cleaner accused of 'throwing a sicky' was unfairly dismissed

The Employment Tribunal has ruled that a cleaner was unfairly dismissed after she resigned because her employer accusing her of lying about her illness. The case involved Pamela Wynn Newcombe, who was employed by Machynlleth Town Council from 2013 to 2019. ...

Engineer too late to claim holiday pay from Pimlico Plumbers

An engineer who won a landmark case that he should be classed as a worker at Pimlico Plumbers has lost his claim for backdated holiday pay. Gary Smith had worked for Pimlico as a heating engineer from 2005 to 2011. Throughout that period Pimlico regarded...

Sleep-in care workers lose final appeal over minimum wage

Care workers who slept overnight at their workplace were “available for work” rather than “working” and so were not entitled to be paid the national minimum wage for the whole of their sleep-in shift. That was the decision of the...

Warden was unfairly dismissed despite aggressive text messages

A university warden who was dismissed after sending ‘aggressive text messages’ to colleagues has won his claim of unfair dismissal. Dr Binoy Sobnack began working at Loughborough University in 1999 as a physics lecturer. He then added the role...
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