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News about cases and our successful wins
‘Tis the season of the works Christmas Party, but employers and employees should be wary of things getting out of hand, as such get-togethers, often fuelled by alcohol, can bring risks. Two recent cases highlight the dangers inherent in the classic Christmas party. In the case of Gimson v Display by Design, in December 2011, … Read more
In a recent test case the Court of Appeal was asked whether the European Convention of Human Rights’ proportionality test applied to cases of Unfair Dismissal (Turner v East Midlands Trains Limited). A female train conductor with 12 years’ service was accused of fraud, and her claim for unfair dismissal was rejected by an Employment … Read more
Restrictive covenants need to be “reasonable” in order for them to be enforceable. However, it is less well-known that this test for reasonableness must be assessed at the time of the contract, rather than the time that the employer is seeking to enforce them. A contract might have been signed and entered into years before … Read more
Adrian Smith, employed by the Trafford Housing Trust and also a devout Christian, remarked on his Facebook page that gay marriage was “an equality too far”. His comments were considered to be misconduct and as a result Mr Smith was demoted with a 40% pay cut. However this week a High Court judgment found in … Read more
A “crew member” is taking the fast-food giant McDonalds to an employment tribunal, claiming unfair dismissal after she was sacked for sprinkling too many pieces of chocolate on a McFlurry dessert. Sarah Finch, aged 19 from Carmarthenshire, says that a colleague, who was purchasing the dessert, had asked her to “make it a nice one”. … Read more
A luggage retailer based in Piccadilly, Central London, forced a Muslim employee to resign after she wore a headscarf to the store which wanted to retain a “trendy image”. Ms Farrah brought a claim for both unfair dismissal and direct discrimination on grounds of religion against her former employer, Global Luggage Co. The claimant originally … Read more
A married churchgoing mother, 50, has won a £20,000 unfair dismissal claim after she was wrongfully accused of watching pornographic material whilst at work. Mrs Buckley had worked as a Finance Manager for a dental laboratory in Oldham, Lancashire for 10 years, but in 2010 was questioned on why she has been looking at hardcore … Read more
In the recent case of Packman t/a Packman Lucas Associates v Fauchon (EAT/0017/12) the Employment Appeal Tribunal confirmed that an employee who was dismissed because of a downturn in the employer’s work (and therefore a reduction in the hours to be worked) was dismissed on grounds of redundancy – even though there was no reduction … Read more
A crane operator from Grimsby who had part of his leg removed has been awarded £38,000 in compensation after his employers made it difficult for him to return to work. Mammoet UK Ltd, a transport and lifting company, was ordered to pay an award under disability discrimination legislation after an employment tribunal heard that the … Read more
A former employee of the restaurant chain Little Chef with 12 years’ service has lost her claim for unfair dismissal after she took home an apple pie without permission. Lynn Smith had been employed as a supervisor, but lost her job when she broke the company’s rules on taking produce home, the Employment Tribunal in … Read more