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Case Review: Employee unfairly dismissed for smoking in company vehicle

In the recent case of Halford v Seddon Property Services, the employment tribunal held that the claimant had been unfairly dismissed for breaching the “no smoking” policy for company vehicles. Mr Halford got into an argument with his manager over the condition of his company vehicle. The Operations Manager gave Mr Halford a warning for … Read more

Case Review: Camden Council found guilty of direct race discrimination and creating a “remarkable racial divide”

An employment tribunal found in favour of a race discrimination claim from a long-standing council employee that Camden Town Hall had routinely hired staff based on the colour of their skin. The interesting case of Fraser Valdez has been called “obviously worrying” by the council and promises to review hiring procedures. The discrimination claim was … Read more

ACAS launches consultation on settlement agreements

ACAS (Advisory, Conciliation and Arbitration Service) has begun consultation on a statutory code of practice which will run in parallel with legislation on settlement agreements (formerly compromise agreements) which will make pre-termination negotiations inadmissible in an unfair dismissal claim. The Enterprise and Regulatory Reform Bill will introduce a provision into the Employment Rights Act 1996, … Read more

Case Review: Employee who shouted and swore at colleague was unfairly dismissed

In the recent case of Townsend v Gillette UK Ltd, the employment tribunal had to weigh up whether an employee had been fairly dismissed for engaging in threatening and abusive behaviour towards a colleague. Mr Townsend had a meeting with his line manager in Janaury 2012 to discuss a number of issues. His manager, Miss … Read more

Personal Assistant, 52, told: “I need to trade you in for a younger model”

An employment tribunal found that Dawn Bailey, 52, was unfairly dismissed from her role as PA to the Chief Executive of Lockheed Martin, one of the world’s largest defence companies, after she developed depression and a chronic illness which left her short of breath and excessively tired. Stephen Ball, the 59-year-old CEO of the UK … Read more

Case Review: Engineering firm fined £25k after worker severs fingers on equipment

A Derbyshire-based engineering firm has been fined £20,000 and ordered to pay costs of nearly £6,000 after an employee, Anthony Baker, severed the tips of his fingers on an unprotected bandsaw. Chesterfield Magistrate’s Court heard that Mr Baker had been cleaning the saw at Firth Rixson Forgings Ltd in May 2011 when the saw, which … Read more

Case Review: Teacher unfairly dismissed for gardening without a risk assessment

An employment tribunal found that Tracey Smith from South Yorkshire had been unfairly dismissed from Aldine House, a secure unit for problem children in Sheffield. The claimant was awarded £70,000, after being accused of breaking regulations over discipline, poor relationships with work colleagues and breaking health and safety rules. One allegation was that Miss Smith … Read more

Government announces further progress on Employment Law Review

Unfair dismissal, settlement agreements, conciliation and TUPE regulations were all on the agenda today, following a statement from Jo Swinson, Minister for Employment Relations and Consumer Affairs. The Government’s Employment Law Review is looking at the legislation which affects the relationship between the employer and the employee. Today it published its response to the consultation … Read more

What employers and employees need to be aware of in 2013

Following a bumper crop of proposals from the Coalition Government in 2012, this year will see a raft of new legislation coming into force related to employment tribunals, family-friendly rights and employee-shareholder contracts to name just a few. Read our guide summarising some of the key updates that both employers and employees should be aware … Read more

BA Employee Wins Religious Discrimination Case

Nadia Eweida, a staunch Christian who claimed she suffered religious discrimination whilst working for British Airways, has won a landmark legal battle at the European Court of Human Rights (ECHR). Miss Eweida was sent home from work for wearing a small silver cross around her neck in 2006, which was considered to be a breach … Read more