Services
People
News and Events
Other
Blogs

Contract of Employment

  • Posted

Can a contract that allows for a discretionary bonus be varied so the employee becomes contractually entitled to that bonus? Yes, concluded the EAT in  Bluestones Medical Recruitment Ltd v Swinnerton . But a claim on that basis cannot succeed unless...

Restricted Reporting Orders

  • Posted

When deciding whether to make a Restricted Reporting Order in a sexual misconduct case, can the tribunal take into account the need to protect alleged perpetrators? Yes, held the EAT in  A & B v X, Y and Times Newspapers Ltd . The facts of this...

Tribunal Procedure: List of Issues

  • Posted

Must findings of fact be made for everything in the list of issues even where no evidence has been given? No, held the EAT in  Kouchalieva v LBTH . At a preliminary hearing, a list of issues was agreed but, at the final hearing, the unrepresented...

Personal Liability of Directors

  • Posted

Can the directors of a limited company be personally liable for its breaches of an employment contract? Yes, held the High Court in  Antuzis v DJ Houghton . The Claimants were employed by Houghton in an exploitative manner, working extremely long...

Unfair Dismissal

  • Posted

Was dismissing a managing director without holding an investigation meeting unfair, the basis for dismissal being that he had been found not to have been a credible witness at an employment tribunal? Not on those facts, held the EAT in  Radia v...

Long-term Disability

  • Posted

Where an employer was contractually obliged to provide an employee with long-term disability benefits until his "return to work", did that mean the entitlement would cease once he was capable of taking up some kind of paid employment? No,...

Suspension

  • Posted

Did an employee's lengthy suspension ground a claim for whilstleblowing detriment or race discrimination? Not on the facts of this case, held the EAT in Uwalaka v Southern Health Foundation NHS Trust . Mr Uwalaka was an agency worker employed by NHS...

Race Discrimination

  • Posted

Can a complete, non-discriminatory explanation for an action exclude the possibility of discrimination claim? Not necessarily, held the Court of Appeal in  Iwuchukwu v City Hospitals Sunderland NHS Foundation Trust . The Claimant was a consultant...

Disciplinary Investigations

  • Posted

Must an employer postpone a disciplinary hearing pending the outcome of a police investigation into an employee? No, in almost all circumstances, held the Court of Appeal in  North West Anglia NHS Foundation Trust v Gregg . The Claimant was a doctor...

Sexual Orientation Discrimination

  • Posted

Was adverse treatment of a gay Head Teacher a constructive dismissal and sexual orientation discrimination? Yes, held the EAT in  Tywyn Primary School v Aplin . Mr Maplin was an openly gay primary school Head Teacher. He met two 17 year old males on...

  • Page 2 of 10