Archive for the 'unfair dismissal' Category

Chef wins gagging order to suppress tribunal details – Daily Telegraph

“An internationally renowned chef has won a gagging order preventing publication of a legal wrangle with two former employees.”

Full story

Daily Telegraph, 4th May 2011

Source: www.telegraph.co.uk

Employment law changes would shift balance in bosses’ favour – The Guardian

“If the government pushes ahead with plans to double the one-year qualifying period, employees could have to work for two years before having the right to claim unfair dismissal.”

Full story

The Guardian, 3rd May 2011

Source: www.guardian.co.uk

TUC warns against impact of employment law reforms – Law Society’s Gazette

“Government plans for reform of employment tribunals will discriminate against black and minority ethnic groups, disabled people, women, and young workers, according to the Trades Union Congress (TUC).”

Full story

Law Society’s Gazette, 19th April 2011

Source: www.lawgazette.co.uk

Secretary of State for Children, Schools and Families v Fletcher; Duncombe v Secretary of State for Children, Schools and Families – WLR Daily

Secretary of State for Children, Schools and Families v Fletcher; Duncombe v Secretary of State for Children, Schools and Families [2011] UKSC 14; [2011] WLR (D) 114

“It was objectively justified, under regulation 8 of the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002, for the Secretary of State for Children, Schools and Families to employ teachers on a succession of fixed-term contracts for secondment to European Schools.”

WLR Daily, 30th March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Sharon Shoesmith in appeal over sacking – The Independent

“Sharon Shoesmith has launched a Court of Appeal battle over her sacking after the Baby P tragedy.”

Full story

The Independent, 28th March 2011

Source: www.independent.co.uk

Brent London Borough Council v Fuller – WLR Daily

Brent London Borough Council v Fuller [2011] EWCA Civ 267; [2011] WLR (D)

“It bore repetition that in unfair dismissal disputes it was for the employer to take the decision whether or not to dismiss an employee; for the employment tribunal to find the facts and decide whether, on an objective basis, the dismissal was fair or unfair; and for the Employment Appeal Tribunal (and the ordinary courts hearing employment appeals) to decide whether a question of law arose from the proceedings in the employment tribunal. As appellate tribunals and courts were confined to questions of law they ought not, in the absence of an error of law (including perversity), take over the employment tribunal’s role as an ‘industrial jury’ with a fund of relevant and diverse specialist expertise.”

WLR Daily, 15th March 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Sacked West Yorkshire officer loses legal battle – BBC News

“A Wakefield Pc sacked for inappropriate behaviour, including flirting with a drugs suspect, has failed in her High Court bid to get her job back.”

Full story

BBC News, 18th March 2011

Source: www.bbc.co.uk

Teacher loses appeal against dismissal over raunchy novel featuring pupils – The Guardian

“A teacher who helped pupils to read by writing them into a raunchy novel has lost her appeal against dismissal, but on a majority verdict in which she was strongly backed by the judge chairing the employment tribunal.”

Full story

The Guardian, 18th March 2011

Source: www.guardian.co.uk

Ministry of Defence v Wallis and another – WLR Daily

Ministry of Defence v Wallis and another [2011] EWCA Civ 231; [2011] WLR (D) 76

“The employment tribunal had jurisdiction to hear discrimination and unfair dismissal claims brought by claimants who had been employed by the Ministry of Defence in the British section of international schools in Belgium and the Netherlands.”

WLR Daily, 9th March 2011

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Teacher who put pupils into their own sex’n’drugs novel awaits tribunal result – The Guardian

“A much-praised teacher who persuaded difficult pupils to read by making them characters in their own, grittily realistic novel is about to find out whether an employment tribunal will allow her to relaunch her career.”

Full story

The Guardian, 22nd February 2011

Source: www.guardian.co.uk

Paula Poolton killer loses Royal Mail unfair sacking case – BBC News

“A Royal Mail worker from Hampshire who was sacked when he was charged with murdering his married lover has lost his case for unfair dismissal.”

Full story

BBC News, 22nd February 2011

Source: www.bbc.co.uk

Postman wins settlement after being sacked for not wearing helmet – Daily Telegraph

“A postman has won an unfair dismissal settlement after being sacked for not wearing his cycle helmet.”

Full story

Daily Telegraph, 12th February 2011

Source: www.telegraph.co.uk

Orr v Milton Keynes Council – WLR Daily

“The employer’s knowledge for the purposes of section 98(4) of the Employment Rights Act 1996 was that of the person who was deputed to carry out the employer’s functions.”
WLR Daily, 2nd February 2011
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Essex dinner lady Carol Hill loses compensation bid – BBC News

“An Essex dinner lady, who was sacked after telling parents their daughter had been bullied, has lost her claim for compensation.”

Full story

BBC News, 2nd February 2011

Source: www.bbc.co.uk

Reforms set out for employment tribunals – The Independent

“The Government today put forward plans to increase the qualifying period for unfair dismissal claims from one to two years and suggested fees for taking employment tribunal cases under plans to reform the system.”

Full story

The Independent, 27th January 2011

Source: www.independent.co.uk

‘Bully claim’ Essex dinner lady was unfairly sacked – BBC News

“An Essex dinner lady sacked after telling a couple their child had been bullied was dismissed unfairly, a tribunal has ruled.”

Full story

BBC News, 6th January 2011

Source: www.bbc.co.uk

Allen & Overy faces lawsuit over employee sacked for erotic blog – Law Society’s Gazette

“A former Allen & Overy solicitor sacked for writing an erotic blog that allegedly used the names of her co-workers and a client is claiming £3.5m compensation from the firm for unfair dismissal and sex discrimination.”

Full story

Law Society’s Gazette, 14th December 2010

Source: www.lawgazette.co.uk

Killer Roger Kearney claims Royal Mail sacking ‘unfair’ – BBC News

“A man jailed for killing his married lover is to take his former employers to tribunal after he was sacked following his conviction.”

Full story

BBC news, 15th December 2010

Source: www.bbc.co.uk

Tribunal awards maid £7,500 in ‘real-life Downton Abbey’ case – The Independent

“A modern day Downton-esque tale of conniving colleagues came to a head yesterday, when a princess was ordered by an industrial tribunal to pay £7,500 compensation to a former maid who fell victim to a ‘below stairs’ plot by jealous colleagues.”

Full story

The Independent, 25th November 2010

Source: www.independent.co.uk

Sacked lap dancer loses case – The Independent

“A lap dancer who attempted to bring an unfair dismissal case against Stringfellows has lost her case, a lawyer for the club said today.”

Full story

The Independent, 10th November 2010

Source: www.independent.co.uk

Government may restrict unfair dismissal claim rights – OUT-LAW.com

“The Government’s new advisor on small businesses could recommend an increase in the length of time employees have to work before being allowed to bring unfair dismissal claims.”

Full story

OUT-LAW.com, 1st November 2010

Source: www.out-law.com

Baby P social workers lose unfair dismissal claim – The Independent

“Two social workers sacked over the Baby P tragedy have lost their claim for unfair dismissal, it emerged today.”

Full story

The Independent, 22nd October 2010

Source: www.independent.co.uk

Oboist loses Welsh National Opera dismissal claim – BBC News

“An oboist who played with Welsh National Opera (WNO) for 34 years has lost his claim of wrongful dismissal.”

Full story

BBC News, 15th October 2010

Source: www.bbc.co.uk

Letter of dismissal took effect on reading, not sending, says Supreme Court – OUT-LAW.com

“The firing of an employee only took effect when she read the letter informing her of her dismissal, which was nearly a week after a disciplinary hearing and four days after the letter arrived at her home, the Supreme Court has ruled.”

Full story

OUT-LAW.com, 14th October 2010

Source: www.out-law.com

Gisda Cyf v Barratt – WLR Daily

Gisda Cyf v Barratt [2010] UKSC 41; [2010] WLR (D) 250

“Where dismissal without notice was communicated to an employee in a letter, the contract of employment did not terminate until the employee had actually read the letter or had had a reasonable opportunity of reading it.”

WLR Daily, 13th October 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Sacked beefeater paid compensation by Tower of London – The Guardian

“Historic Royal Palaces apologises to Mark Sanders-Crook who was dismissed for alleged bullying of first female beefeater.”

Full story

The Guardian, 2nd September 2010

Source: www.guardian.co.uk

Sharon Shoesmith given leave to appeal court ruling on dismissal – The Guardian

“Sharon Shoesmith is free to appeal her failed attempt to overturn her sacking at the height of the Baby Peter affair, after a judge issued a scathing criticism of the conduct of former children’s secretary Ed Balls, and threw out all but a fraction of his claims for legal costs.”

Full story

The Guardian, 1st September 2010

Source: www.guardian.co.uk

Law firms report rise in job-related legal advice cases – The Guardian

“Solicitors are experiencing a sharp rise in the number of people seeking legal advice as to whether they have a case for unfair dismissal against their employers, despite the latest official figures last week showing a drop in unemployment.”

Full story

The Guardian, 18th August 2010

Source: www.guardian.co.uk

Christian Wandsworth Council worker loses sacking claim – BBC News

“A housing official sacked after suggesting a woman with an incurable illness ‘put her faith in God’ has lost his legal challenge.”

Full story

BBC News, 11th August 2010

Source: www.bbc.co.uk

Nanny loses discrimination case against Heather Mills – BBC News

“Heather Mills’ ex-nanny has lost her unfair dismissal and sex discrimination case against her former boss.”

Full story

BBC News, 4th June 2010

Source: www.bbc.co.uk

Sex discrimination victory for man – The Independent

“A male lawyer was wrongfully sacked because bosses were worried they would be sued if they fired his female counterpart while she was on maternity leave, it emerged yesterday.”

Full story

The Independent, 19th May 2010

Source: www.independent.co.uk

City lawyer ‘sacked for writing online erotic novel’ sues for £3.5m – Daily Telegraph

“A senior lawyer, Deidre Clark, sacked from a leading city firm after she wrote a sexually explicit online novel is suing her former employers for £3.5 million.”

Full story

Daily Telegraph, 26th April 2010

Source: www.telegraph.co.uk

Robert Verkaik: A legal battle that could run for years to come – The Independent

“This is not the last we have heard from Sharon Shoesmith and her campaign to prove she was made a scapegoat over the tragic death of Baby Peter.”

Full story

The Independent, 24th April 2010

Source: www.independent.co.uk

Firefighter who slept with boss wins payout – Daily Telegraph

“A woman firefighter who resorted to sleeping with her boss in a vain attempt to end a campaign of harassment against has received a payout from her former employers.”

Full story

Daily Telegraph, 23rd April 2010

Source: www.telegraph.co.uk

Baby P council chief loses sacking battle – The Independent

“Former children’s services chief Sharon Shoesmith today lost her High Court battle over her sacking following the death of Baby P.  Mr Justice Foskett, sitting in London, rejected accusations that her removal by Children’s Secretary Ed Balls was procedurally flawed, unfair and unlawful.”

Full story

The Independent, 23rd April 2010

Source: www.independent.co.uk

Discrimination case makes history – BBC News

“A woman from Warrenpoint has made history in a landmark discrimination case in which the House of Lords clarified the UK’s Disability Law.”

Full story

BBC News, 22nd April 2010

Source: www.bbc.co.uk

Sharon Shoesmith papers released by court – BBC News

“Key court documents have been released relating to the sacking of social services chief Sharon Shoesmith after the death of Baby Peter in London.”

Full story

BBC News, 1st April 2010

Source: www.bbc.co.uk

Bournemouth University Higher Education Corpn v Buckland – WLR Daily

Bournemouth University Higher Education Corpn v Buckland [2010] EWCA Civ 121; [2010] WLR (D) 51

“A repudiatory breach of contract, once it had happened, could not be cured by the contract breaker.”

WLR Daily, 24th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Middle Temple staff plunder wine cellar – Daily Telegraph

“A cellarman at one of Britain’s most prestigious barristers’ inns claimed he was sacked for trying to prevent his colleagues from stealing bottles of wine, a tribunal heard.”

Full story

Daily Telegraph, 20th January 2010

Source: www.telegraph.co.uk

Cumbrian nursing boss wins race slur compensation – BBC News

“A nursing boss who was told in an NHS appraisal she was the ‘wrong colour and wrong culture’ for Cumbria has been awarded £115,000 compensation.”

Full story

BBC news, 19th January 2010

Source: www.bbc.co.uk

News International admits payout to phone-hacker was for unfair dismissal – The Guardian

“News International has admitted it was forced to hand former News of the World journalist and convicted phone-hacker Clive Goodman a generous payoff because it failed to follow statutory procedures.”

Full story

The Guardian, 8th January 2010

Source: www.guardian.co.uk

Duncombe and others v Secretary of State for Children, Schools and Families Fletcher v Same – WLR Daily

Duncombe and others v Secretary of State for Children, Schools and Families Fletcher v Same [2009] EWCA Civ 1355; [2009] WLR (D) 36

“The rule embodied in the staff regulations made by the board of governors of the European Schools, limiting to nine years the period of employment of teachers seconded by the Department of Children, Schools and Families to work in the schools, did not meet the objective justification required by Council Directive 99/70/EC and the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002.”

WLR Daily, 15th December 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Christian loses sex therapy case – BBC News

“A relationship counsellor from Bristol who refused to offer sex therapy to gay couples has lost his appeal for unfair dismissal.”

Full story

BBC News, 30th November 2009

Source: www.bbc.co.uk

News of the World faces £800,000 payout in bullying case – The Guardian

“A News of the World reporter who suffered from a culture of bullying led by former editor Andy Coulson, who is now David Cameron’s head of communications, has been awarded almost £800,000 for unfair dismissal and disability discrimination.”

Full story

The Guardian, 23rd November 2009

Source: www.guardian.co.uk

Grainger plc v Nicholson – WLR Daily

Grainger plc v Nicholson UKEAT/219/09; [2009] WLR (D) 315

“An asserted philosophical belief that mankind was heading towards catastrophic climate change and therefore people were under a moral duty to lead their lives in a manner which mitigated or avoided that catastrophe for the benefit of future generations, and to persuade others to do the same, if genuinely held was capable of amounting to a ‘philosophical belief’ for the purpose of the Employment Equality (Religion or Belief) Regulations 2003.”

WLR Daily, 4th November 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

 

Eco-employee wins bid to appeal – BBC News

“A man has been told he can take his employer to tribunal on the grounds he was unfairly dismissed because of his views on climate change.”

Full story

BBC News, 3rd November 2009

Source: www.bbc.co.uk

MPs’ spouses ‘to fight job ban’ – BBC News

“Spouses who are employed by MPs are preparing to look into legal action if they are barred from their jobs.”

Full story

BBC News, 27th October 2009

Source: www.bbc.co.uk

Climate change believer takes firm to tribunal – The Guardian

“A man who claims he was unfairly dismissed from his job because he believes in climate change is attempting to have his environmental views recognised under religious law.”

Full story

The Guardian, 7th October 2009

Source: www.guardian.co.uk

‘Pretty’ prison officer wins case – BBC News

“A former prison officer who said she was forced out of her job after being bullied because she was pretty has won her case for unfair dismissal.”

Full story

BBC News, 15th September 2009

Source: www.bbc.co.uk

TUPE ruling could lead to more successful unfair dismissal claims – OUT-LAW.com

“More people could resign and claim compensation for unfair dismissal if their company is taken over by another firm whose offices are further away following an Employment Appeals Tribunal (EAT) ruling, an employment law expert has said.”

Full story

OUT-LAW.com, 26th August 2009

Source: www.out-law.com

Sacked bookshop staff win payout – BBC News

“Workers at a Christian bookshop chain have won a ‘substantial’ payout after being sacked, many by e-mail, by the company’s new owners, a union has said.”

Full story

BBC News, 19th August 2009

Source: www.bbc.co.uk

Nurse Susan Pope sacked from school after smacking son loses appeal against dismissal – Daily Telegraph

“Susan Pope, the nurse sacked from a leading public school after smacking her son in her own home, has lost her claim for unfair dismissal.”

Full story

Daily Telegraph, 19th August 2009

Source: www.telegraph.co.uk

Sacked officer loses race claim – BBC News

“A claim of racial discrimination and unfair dismissal by a police community support officer has been thrown out at an employment tribunal.”

Full story

BBC News, 10th July 2009

Source: www.bbc.co.uk

GISDA Cyf v Barratt – WLR Daily

GISDA Cyf v Barratt [2009] EWCA Civ 648; [2009] WLR (D) 229

“The ‘effective date of termination of employment’ within section 97(1)(b) of the Employment Rights Act 1996 was not necessarily the date yielded by contractual analysis. When determining the relevant time limit for making an unfair dismissal claim, an employment tribunal had not erred in concluding that the effective date of termination of employment was when the employee read the letter of summary dismissal and not the date when the letter reached the employee’s home address when she was away.”

WLR Daily, 3rd July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Doctor sacked in Baby P case sues hospital trust – The Independent

“The consultant paediatrician who was blamed for failing to notice that Baby P had a broken back and ribs days before his death is claiming compensation for unfair dismissal.”

Full story

The Independent, 20th June 2009

Source: www.independent.co.uk


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