Employment and Trade Union Law
I have written before about the problem of whether one should appeal when an employee has been procedurally unfairly dismissed because of the risk of the appeal upholding the dismissal and remedying the breaches. The problem is that sometimes an unfair dismissal is turned into a fair one thereby depriving the employee both of the … Continue reading Defective Appeal
In 2013 the Employment Appeal Tribunal delivered its important judgement on trade union rights in Toal v GB Oils. The case was in the interpretation of the right of a worker to be accompanied at a disciplinary or grievance meeting by a trade union representative of their choosing. Section 10(2) of the Employment Relations Act … Continue reading ACAS Code of Practice after Toal v GB Oils
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
