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United Kingdom › Hiring & Firing › Disciplinary Proceedings

A&O Shearman

Proposed action against Crispin Odey: A different approach to tackling non-financial misconduct

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The UK Financial Conduct Authority (FCA) has published the full details of its proposal to fine and ban the fund manager, Crispin Odey, for lacking integrity. But the FCA’s proposed action against Mr Odey does not rely on his...more

Hogan Lovells

Employment News: whistleblowing; unions; holidays

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It's not what you know – dismissal for whistleblowing despite dismissing manager's belief - In Royal Mail Group Ltd v Jhuti the Supreme Court has reinstated a decision that an employee was dismissed because she had blown...more

Littler

UK Court Upholds Dismissal Based on Religious Employee’s Workplace Proselytising

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The Court of Appeal in the United Kingdom recently held that the dismissal of a nurse for improperly proselytising at work was fair (Kuteh v Dartford and Gravesham NHS Trust)....more

Hogan Lovells

Employment News: unfair dismissal

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Looking back – limited appeal investigation not unfair - It was not unfair for an employer to place limits on a disciplinary appeal investigation where the employee's representative had agreed to this, according to the EAT...more

Hogan Lovells

Employment News - November 2017 #3

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In this weeks issue: - White lies – incorrect reason for dismissal breach of trust and confidence... - Substance not form – TUPE transfer followed share sale... - Did you see that? CCTV recordings and disciplinary...more

Faegre Drinker Biddle & Reath LLP

Unfair Dismissal: Can a Disciplinary Investigation Be Too Thorough?

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In NHS 24 v Pillar UKEATS/0005/16, the Employment Appeal Tribunal (EAT) considered the appropriate scope of an employer’s investigation into alleged misconduct in disciplinary proceedings. Ms Pillar was employed by NHS 24...more

Hogan Lovells

Employment News - October 2017 #4

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In this weeks issue: - Hear no evil – manager's motives not attributed to decision taker... - By contrast – EAT rejects argument that decision maker was innocent agent with no discriminatory motive... -...more

Faegre Drinker Biddle & Reath LLP

Unfair Dismissal and Appropriateness of Final Written Warning

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In Bandara v British Broadcasting Corporation UKEAT/2016/0335/15/JOJ, the Employment Appeal Tribunal (EAT) considered the fairness of a dismissal where the employer had relied on a previous final written warning which was...more

Faegre Drinker Biddle & Reath LLP

Does the ACAS Code Apply to SOSR Dismissals?

Faegre Drinker Biddle & Reath LLP on

In Phoenix House Ltd v Stockman UKEAT/0264/15, the Employment Appeal Tribunal (EAT) considered whether the ACAS Code of Practice on Disciplinary and Grievance Procedures (Code) applies to dismissals for “some other...more

Faegre Drinker Biddle & Reath LLP

Dismissal for "Pulling a Sickie" Was Fair

Faegre Drinker Biddle & Reath LLP on

In Metroline West Ltd v Ajaj UKEAT/0185/15/RN, the Employment Appeal Tribunal (EAT) considered the fairness of a dismissal of an employee who had exaggerated his sickness. Mr Ajaj was employed as a bus driver for...more

K&L Gates LLP

Case Alert: Employee Unfairly Dismissed for Going to Work Smelling of Alcohol

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What happened? In McElroy v Cambridgeshire Community Services NHS Trust, an Employment Tribunal decided that the summary dismissal of a healthcare assistant for coming to work smelling of alcohol was unfair. Mr McElroy was...more

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