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News about cases and our successful wins
The recent case of Little v Richmond Pharmacology confirms that indirect discrimination can, in certain circumstances, be ”cured” by an internal appeal process. The Facts Ms Little requested to return to work  flexibly after maternity leave, when her request was refused, she resigned claiming that her employer, a clinical research organisation (the Respondent), had acted … Read more
New guidance has emerged from the Court of Appeal in the case of Stuart v London City Airport concerning an employer’s duty to conduct investigations before dismissing staff in cases of alleged gross misconduct. Where misconduct is alleged the Burchell Test requires that at the time of dismissal the employer must have (a) believed the … Read more
The recent Employment Appeal Tribunal case of Croft Vets v Butcher has given rise to the possibility that employers may be required to pay for psychiatric treatment or counselling for their depressed employees. The appeal in Croft centred around an employee who had taken time off work because she was suffering from work-related stress and … Read more
The Confusing Issue of an Effective Date of Termination Any firm of employment law solicitors worth their salt will be able to advise you on when you have to get a tribunal claim submitted by when making an unfair dismissal claim. As it currently stands under s.111 Employment Rights Act 1996 this is 3 months … Read more
The Case of Wright v North Ayrshire Council is a welcome reminder that although constructive dismissal cases are hard to prove; you will often hear this when enquiring about employment law advice; they are not insurmountable. As long as there has been a breach by your employer there is potentially a case to be taken … Read more
A caravan park manager who resigned from his job after two money-making schemes had been discovered by his employers, has lost his unfair dismissal claim. Clarence Fitzsimmons who had managed the caravan park in Rhyl for 7 years, resigned in February 2013 but claimed constructive unfair dismissal. Mr Fitzsimmons claimed that pressure from the park … Read more
A convicted paedophile has won compensation of over £30,000 after bringing a redundancy claim action against his former employers from his prison cell according to the Daily Mail. Robert Wills took his former employers RWE NPower to an Employment Tribunal following their refusal to pay him a redundancy claim settlement in light of his sentence … Read more
As reported by the Watford Observer last week, a former special needs teacher was “dismissed unfairly” from Central Primary School in Watford. Kay Hart had been sacked after suffering severe depression, following the sudden death of her husband. An Employment Tribunal heard that Mrs Hart’s husband of 26 years, Graham, died suddenly at the age … Read more
A black fire station officer has sued his employers for racial discrimination after claims that his colleagues nicknamed him Malcolm X and Frank Bruno. An Employment Tribunal in Birmingham heard that Warren Simpson, 48, had joined the fire brigade in 1985. He claims that in his first week he was labelled “Frank Bruno”. Mr Simpson … Read more
In the recent case of Whitmar Publications Ltd v Gamage and Others, the issue of personal and professional use of social media came under the spotlight, and in particular the issue of a Linkedin password. Whereas we have seen a lot of media coverage about the use of Facebook and Twitter, and the inappropriateness or … Read more