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A golf club in East Anglia has lost an unfair dismissal claim brought by a former employee. The claim brought against Gorleston Golf Club hinged on an incident whereby the Claimant’s manager, a qualified first-aider, was drinking in the club bar at the same time as the barmaid had collapsed into a diabetic coma. The … Read more
The chief executive of a property business who sacked his 32 year old PA after a 3-year affair faces a significant payout after she won a claim for unfair dismissal.[1] The affair between the PA and the chief executive who was some 20 years older than her, lasted for 3 years. During this time he … Read more
Teaching Assistant Tracy Hodgkinson brought an unfair dismissal claim against her former employer, a primary school in Ipswich, Suffolk. Mrs Hodgkinson lost her job in January 2012. She felt she had been unfairly dismissed following her decision to keep in touch with her convicted sex-offender son. Mrs Hodgkinson’s son was found guilty of grooming and sexual … Read more
Following success at a tribunal most Claimant’s will be awarded a basic and a compensatory award. What employee’s need to be aware of is that their conduct prior to their dismissal might impact on any final award that is given in their favour. The reductions to both the basic award and compensatory award due to … Read more
Although swearing in the workplace was often commonplace in what could be viewed as male dominated environments such as construction it has started to migrate to other areas of the working world.Employee’s do need to be careful though as many a company policy on gross misconduct will include swearing within it and so we’d advise … Read more
Sutton Council has agreed to pay compensation to, and offered to reinstate, an Independent Reviewing Officer (IRO) who claimed that his self-employed contract with the Council was terminated after he raised concerns about the authority’s work with looked after children. Jon Fayle was an IRO with a self-employed contract for services with the London Borough, … Read more
A bus driver in London was awarded close to £60,000 following a successful unfair dismissal claim. David Hoggett was employed by Abellio London Limited, and after being diagnosed with Type 2 diabetes in April 2012 had to make a number of claims for sick pay from his employer. Diabetes is recognised as a disability under … Read more
Normally, the only time that an employer will required to undertake an investigation is when there has been an accusation of misconduct against one or more employees, as a precursor to taking disciplinary action. The ACAS code states, at paragraph 5, that, in such circumstances employers would normally “carry out an investigation to establish the … Read more
As with all types of legal claims for damages under the common law, unfair dismissal employee’s have a duty to mitigate their loss[1]. This means that they have to do all that they reasonably can to limit the loss of earnings that they may have suffered as a consequence of losing their employment. In the … Read more
Below is an infographic which shows the Misconduct Disciplinary Procedure in the workplace and employer obligations according to the ACAS Code. Click the infographic to enlarge. SEE ALSO EXTERNAL LINKS The ACAS Code of Practice 1