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The catering manager of a prison in Swansea, who suffered serious back injuries after a workplace injury, has failed in her damages claim against the Ministry of Justice. The injury involved a heavy food sack being dropped on her spine by an inmate who was working in the jail’s kitchen. Susan Cox had worked at … 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
Employers are, of course, entitled to dismiss employees for misconduct[1]. The question which often arises however, is what constitutes misconduct and what constitutes gross misconduct. It is important for the employer to distinguish between misconduct and gross misconduct because of finding of gross misconduct can have very serious consequences for the employee – i.e. he … Read more
A recent article in the Daily Telegraph highlights the case of Dental Nurse Rachel Carr, who took her employer to an employment tribunal for constructive dismissal and recently won the case. Ms Carr, who worked for the Smile By Smile Dental Practice in Birmingham for 5 years, walked out on her job saying that the … Read more
It would appear that ‘presenteeism’ rather than absenteeism is the order of the day, as recent research by risk insurance group Canada Life has found that 93% of employees will come in to work despite being ill, and over a third would rather use their annual leave to get better than have a sick day … Read more
The coalition government’s proposal for employee ownership has finally passed through the House of Lords, after Chancellor George Osborne made a key concession to allow the bill to go through. The Growth and Infrastructure Bill, which is known in the media as “Shares for Rights”, was passed by the House of Lords and now means … Read more
The Enterprise and Regulatory Reform Bill received Royal assent in April of this year and now the Enterprise and Regulatory Report Act 2013 will gradually come into being over the next 12 months. The government has announced some key dates for changes surrounding Employment Law and Employment Tribunal procedures which will come into being from … Read more
A woman in Northern Ireland brought a case against her employer, Autism Initiatives NI in Belfast, following harassment from a male co-worker. After raising concerns with her employer over the behaviour of her colleague, she resigned when she felt they were not taking her complaint seriously enough and subsequently brought a claim for constructive dismissal … Read more