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In this first of a series of posts we examine ten Employment Tribunal judgments released in the last week (between 23 October 2017 and 29 October 2017) that our solicitors found interesting

  1. Miss R Burns v Surrey County Council ET/2301665/2016 – the Employment Tribunal held that an employee who had posted on Facebook in contravention of the Council’s social media policy had been unfairly dismissed (as she was not allowed extra time to consider redeployment) but that she had not been discriminated against (Employment Tribunal judgment)
  2. Mr R Fryer v Balfour Beatty Group Employment Limited ET/3322779/2016 – the Employment Tribunal held that an employee who had refused to work night shifts (despite signing a contract saying he would do so) had not been unfairly dismissed or subjected to age discrimination (Employment Tribunal judgment)
  3. Miss J Gunning v Mr Javid Hussain (trading as Swift One Hour Dry Cleaners) – the Employment Tribunal held that an employee had been constructively dismissed and subjected to disability discrimination by Mr Hussain, awarding her over £105,000 in compensation (the Tribunal struck out Mr Hussain’s response because of a failure to comply with directions) (Employment Tribunal judgment, our analysis)
  4. Mr Y Bouhwuis v Evonik Membrane Extraction Technology Limited ET/3323102/2016 – the Employment Tribunal held that an employee, who suffered from depression and anxiety, was unfairly dismissed after a refusal to postpone a disciplinary hearing until after Christmas, but that he had not been discriminated against (as the employer lacked knowledge of his disability) (Employment Tribunal judgment)
  5. Mrs S Sisk v Department for Work and Pensions ET/3323944/2016 – the Employment Tribunal held that a female employee who was on maternity leave had been subjected to the detriments of having her post removed from her and not provided with information on promotional opportunities, conferences, and training whilst on maternity leave,  awarding her £13,200 in compensation (our analysis of the caseEmployment Tribunal judgment)
  6. Mrs E McDonald v Roseberry Care Centres (UK) Limited ET/2402038/2016 – the Employment Tribunal held that an employee had been constructively dismissed and harassed when her manager said to her “go on then” when she threatened to resign (Employment Tribunal judgment)
  7. Mrs N Stower v C&L Facilities Limited ET/3200209/2016 – the Employment Tribunal held that an employee who was dismissed on allegations that she had caused “mayhem in the office” had been unfairly dismissed but not discriminated against because of her intention to become pregnant (Employment Tribunal judgment, our analysis)
  8. Mr M Miah v Axis Security Services Ltd ET/1300380/2017 – the Employment Tribunal made a wasted costs order against the Claimant’s solicitors, Syed Solicitors, after the Claimant’s claim was submitted out of time (Employment Tribunal judgment)
  9. Mr K Crossland v Chamberlains Security (Cardiff) Limited – the Employment Tribunal held that a disabled employee (who suffered from type 1 diabetes) had been subjected to discrimination arising from disability, a failure to make reasonable adjustments, and victimisation (Employment Tribunal judgment)
  10. Mrs D Stewart v British Midland Regional Limited – the Employment Tribunal held that a female employee made redundant whilst on maternity leave had been subjected to discrimination (because she was on maternity leave) and unfair dismissal (the Employment Tribunal judgment, our analysis)

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees

Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk.

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