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Tribunal rules that law firm’s dismissal of solicitor was procedurally unfair even though it was justified

In the case of Mr E C Oise v Spring & Co Solicitors Ltd an employment tribunal has ruled that the dismissal of a solicitor in his absence was ‘procedurally unfair’. Employment Judge G D Davison, sitting at Watford, found that Bedfordshire firm Spring & Co Solicitors acted ‘unreasonably’ in pushing ahead with a disciplinary meeting despite Edegbai Oise having a medical note to show he was unfit to work.

Article by: Makbool Javaid, Partner - Simons Muirhead Burton 19 December 2022

EAT rules that wide COT3 waiver wording covered future claim

In the case of Arvunescu v Quick Release (Automotive) Ltd the Court of Appeal considered whether a claimant was precluded from bringing a claim for victimisation under a COT3 agreement, which the parties had entered into to settle a previous race discrimination claim brought by the claimant against the respondent.

Article by: Makbool Javaid, Partner - Simons Muirhead Burton 16 December 2022

Flexible Working

The government has published its response to last year's consultation on updating flexible working laws.  Read the summary:

Article by: Makbool Javaid, Partner - Simons Muirhead Burton 15 December 2022

EAT rules that reasonable adjustment during redundancy process should not create an advantage

In Hilaire v Luton Borough Council the UK EAT found that it was not a reasonable adjustment simply to slot a disabled employee into a new organisational structure as part of a redundancy exercise. Although this would have alleviated disadvantage to the employee, it would have impacted on other staff who had taken part in the redundancy selection process.

Article by: Makbool Javaid, Partner - Simons Muirhead Burton 14 December 2022

Employee could not claim unfair dismissal after she had been reinstated following successful appeal

The EAT has held that the dismissal of an employee “vanished” as a consequence of her successful internal appeal of a dismissal decision. To avoid this outcome, the employee should have withdrawn her appeal in no uncertain terms. Merely stating that she did not wish to return to work was not enough to constitute the retraction of an appeal.

Article by: Makbool Javaid, Partner - Simons Muirhead Burton 12 December 2022

Changes in modes of address in employment tribunals

The Lord Chief Justice and Senior President of Tribunals announced a change in the practice of how certain Judges are addressed in court. From now on, the Judges listed below should be addressed in court or tribunal hearings as ‘Judge’

Article by: Makbool Javaid, Partner - Simons Muirhead Burton 8 December 2022

Protecting confidential information – a welcome clarification from the Court

Businesses are often faced with the difficult position of employees leaving who may be in possession of confidential material and trade secrets. There is a risk that current or former employees (and/or directors) may seek to use that material to their advantage, for example by competing with their former employer.

Article by: Makbool Javaid, Partner - Simons Muirhead Burton 7 December 2022