Choice of Decision Maker made Dismissal Unfair

I referred to the case of Thomson v Imperial College Healthcare NHS Trust about a week ago in respect of disability related misconduct dismissals. The case has been more widely reported in respect of its unfair dismissal findings, however. The ACAS Code of Practice on Disciplinary and Grievance Procedures, which is intended to provide "basic … Continue reading Choice of Decision Maker made Dismissal Unfair

Unfair Dismissal and the Myth of Red Tape

The Lancashire Telegraph is running a story on the unfair dismissal ruling of a former employee of Moorlands School in Clitheroe, Lancashire. Along with two other members of school staff of Moorlands School, a private boarding school in Lancashire, the claimant was supervising a school trip at which a number of pupils got drunk. Depending … Continue reading Unfair Dismissal and the Myth of Red Tape

No action on Caste Discrimination

A couple of weeks ago I posted a comment on Race and Caste Discrimination in reference to the Employment Appeal Tribunal decision in Chandhok & Anor v Tirkey [2014] UKEAT 0190_14_1912. A couple of days later the issue was raised in the House of Lords (with thanks to Law and Religion for highlighting this: Lord … Continue reading No action on Caste Discrimination

Whistleblowing: not just and equitable

A scenario: Sarah, who is an employee, suspects that the company's finance officer is 'cooking the books' by skimming company funds into his personal accounts having come across a printed document left on the printer in the office.  Concerned about this Sarah reports her concerns to the company's HR director and explains that she thinks … Continue reading Whistleblowing: not just and equitable

Race and Caste Discrimination

Imagine you work in a company with two employees, both Indian, and an employer who is also Indian. You come from the Dalit caste in the caste system, meanwhile your employer and a fellow employee performing the same role as both share a higher caste. You notice that despite having exactly the same job as … Continue reading Race and Caste Discrimination

Brito-Babapulle, Mark II

Back in 2013 the EAT issued the the important decision in Brito-babapulle v Ealing Hospital NHS Trust [2013] UKEAT 0358_12_1406 which that found that the Employment Tribunal's finding that "[o]nce gross misconduct is found, dismissal must always fall within the range of reasonable responses" was an error of law. Specifically, "the Tribunal misdirected itself as … Continue reading Brito-Babapulle, Mark II