Tag Archives: EAT

Looking into disciplinary investigations – EAT’s lessons on when enough is enough

It is a basic plank of a fair disciplinary dismissal that it be preceded by a reasonable investigation.  But what is that, exactly?  How much detail must you include in your enquiry, how many witnesses must you grill, how far back do you have to go, how far must you challenge or test the evidence … Continue Reading

Treading the thin line between incompetence and discrimination

In a boost to the cause of inept line management everywhere, the Employment Appeal Tribunal held last month that it is not permissible to extrapolate without more from conduct which is unreasonable, incompetent and lackadaisical to that which is discriminatory. The point is not wholly new. Back in 1998 the then House of Lords heard … Continue Reading

EAT stresses line between disability and unhappiness in the workplace

Fans of the unnecessary medicalisation of management issues in the workplace will be sadly disappointed by a new Employment Appeal Tribunal decision at the end of December. For everyone else, Herry – v – Dudley MBC represents a very sensible and timely reminder of where the line lies between being disabled on the one hand … Continue Reading

UK employer obliged to offer pay protection to disabled employee who was redeployed

UK employers take note – the Employment Appeal Tribunal has recently ruled that an employer was obliged to continue paying a disabled employee his full salary even though he had been redeployed into a less well paid role because he could no longer carry out his normal duties as a result of his disability.  Such … Continue Reading

No race discrimination in employer not investigating dishonest grievance

A finding of race discrimination in the UK requires the employee to show both (a) that he was less favourably treated on grounds of race; and (b) that he suffered a detriment.  The need to establish (b) separately is often overlooked, in that less favourable treatment is, by itself, pretty invariably a detriment.  However, the … Continue Reading

Corporate discrimination claims become a reality in the UK – can this really be what Parliament intended?

Back at the end of July we noted the decision of the Liverpool Employment Tribunal in Gerry Abrams Limited –v- EAD Solicitors LLP that a limited company could claim age discrimination.  That rather surprising conclusion then went off to the Employment Appeal Tribunal which has just found in unassailably clear terms that this is correct … Continue Reading

Helpful guidance on TUPE’s treatment of long-term sick employees

In almost every TUPE transfer, whether a business sale or a service provision change (SPC), you come eventually to the chap receiving permanent health insurance benefits.  The transferor has no need for him any longer and the transferee has no wish to bump up its own PHI premiums for someone who is seemingly never going … Continue Reading

Making legal advisers liable for your wasted costs – quite a privilege

Have you ever looked at the other side’s Schedule of Loss in a Tribunal case and wondered if he inhabits the same legal system you do? Employment Tribunals routinely require such Schedules to try to bring some order and boundaries to both sides’ financial thinking, but this does not always work.  Sometimes the compensation at … Continue Reading

EAT examines apparent bias in UK Employment Tribunals

Are you neither complacent nor unduly sensitive or suspicious?  Are you fair-minded, informed and balanced?  Do you often catch buses in Clapham?  In that case, the Employment Tribunal has just the job for you, a role integral to the administration of legal justice, though sadly not paid very well, or indeed at all.    If you … Continue Reading

Bullying Managers must be told their behaviour is unacceptable AND that it could lead to dismissal

The EAT recently reiterated the importance of a well worded warning in JJ Food Service Limited v Kefil, providing a clear and rather depressing reminder of the importance of not taking for granted the knowledge of management in disciplinary proceedings. Mr Kefil was described as overly authoritarian manager who relied on bullying and intimidating behaviour.  … Continue Reading

Upholding grievances – kill or cure?

If you make some horrible error in your treatment of an employee, how far can your addressing it swiftly prevent it becoming a constructive dismissal claim?   Two quite similar stories in the law reports shed some light on this.  In 2010 the Court of Appeal concluded in Bournemouth University Higher Education Corporation –v- Buckland that … Continue Reading
LexBlog