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Case Review: Sacked for stealing sweets won in Tribunal

Tom Street & Co were recently instructed to assist a young man in connection with an unfair dismissal claim he wished to advance against his former employers. His employers were a high street retailer. He was dismissed for gross misconduct in connection with the alleged theft of extremely low-value items in this case, confectionery items. … Read more

Case Review: Dismissal after the Christmas Party – Fair or Unfair?

‘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

Unfair Dismissal and the Human Rights Proportionality Test

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

Case Review: Little Chef employee claimed unfair dismissal after stealing pie

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