Archives: Unfair Dismissal

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Two Timing Employee Caught in the Act – Uber Unfortunate!

An employee of West Australian Newspapers Limited (WAN) who moonlighted for Uber was caught in the act when, one Saturday night, he picked up a WAN manager. Despite being well and truly busted, the employee (who worked night shifts as WAN’s newspaper machinist) denied having any affiliation with Uber, saying that his wife had the … Continue Reading

Mitigation of loss in Employment Tribunals- not a happy new year for UK employers

So you’ve lost the unfair dismissal or discrimination claim against you and are now staring down the barrel of the Employment Tribunal’s jurisdiction to award compensation for the employee’s losses. Never mind, you think – he could easily and immediately have got another job at a pay rate sufficient to extinguish his losses, so the … Continue Reading

UK sewer worker kicks up stink over health and safety dismissal

In Newbound –v- Thames Water the Court of Appeal has recently upheld the ruling of the Employment Tribunal that Mr Newbound had been unfairly dismissed for gross misconduct despite his breaching company health and safety rules. The case highlights the difficulties faced by employers trying to enforce compliance with new health and safety procedures, but … Continue Reading

Is the UK’s Fit for Work scheme fit for purpose?

Time for a quick look at the Guidance issued by the Department of Work & Pensions on the new Fit for Work (FfW) Scheme https://www.gov.uk/government/collections/fit-for-work-guidance. There are two ways of looking at this.  First, that the Guidance is a gallant attempt to explain in simple terms how this Scheme may (I use the word advisedly) … Continue Reading

Does sacking an employee for calling the boss a “complete d*ck” constitute unfair dismissal in Australia?

In a sequel to our blog last year concerning Australian employers using expletives towards employees (click here), the Fair Work Commission was recently faced with the converse scenario, this time being asked to rule on whether an employer was entitled to summarily dismiss an employee who had inadvertently sent him a text message in which … Continue Reading

Employer not driven to investigate all defences in UK disciplinary process

Some reassuring guidance for employers on the conduct of disciplinary investigations from the Court of Appeal last week – not new law but a clear and helpful analysis of just how far you have to go to investigate an employee’s defence. Mr Shrestha was employed by Genesis Housing Association as a support worker, a role … Continue Reading

Church –v- State in Polish pregnancy dismissal claim

In November in Poland the story of a dismissed Religious Studies teacher hit the news. What made this story of interest?    The Polish State requires schools to run Religious Studies (RS) classes. The teaching syllabus and text books are decided by the Church authorities and RS teachers must be issued a license (missio canonica) by … Continue Reading

Twitter sinks teeth into dentist over cancer dismissal

The latest Employment nightmare doing the rounds on Twitter courtesy of the Huffington Post is what can only be described as a gob-smackingly insensitive letter from one Dr V., an “oral surgeon” from Pennsylvania. On being informed by one of his employees of 12 years’ loyal service that she had been diagnosed with cancer of … Continue Reading

French Supreme Court rules on “fat cow” clash

Around the world unpleasant email exchanges often result in Employment Tribunal proceedings; however the sheer degree of personal malice evidence in a recent French case has shocked even seasoned commentators. The email in question contained amongst other colourful phrases the following salutation: “Hello, fat cow… I am waiting for your resignation letter because after my … Continue Reading

Liam Gallagher and Iowa dentist caught in compromising position

Back in January we ran a post concerning the dismissal of an Iowa dentist’s assistant because of the threat which his wife considered she posed to the stability of their marriage.  We floated there the question of whether a dismissal on those grounds – anticipated repudiatory breach of contract, if you like – could be … Continue Reading
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