Employment Bulletin - December 2019

In this edition

  • Supreme Court holds employers can liable for automatic unfair dismissal, even if unaware that it was for whistleblowing- Royal Mail Group Ltd v Jhuti
  • Employer fails in claim against credit controller for transferring £200,000 to fraudsters- Peebles Media v Patricia Reilly
  • Employee’s Human Right of freedom of expression vs their confidentiality obligations - Herbai v Hungary
  • Not paying ‘London Allowance’ to officer on maternity leave is direct sex discrimination - City of London Police v Geldart
  • Employer not entitled to rely on negative right to work check notice to withhold pay and work - Badara v Pulse Healthcare Limited
  • Court of Appeal upholds injunction preventing industrial action as union interfered with the ballot- Royal Mail Group Limited v Communication Workers Union
Supreme Court holds employers can liable for automatic unfair dismissal, even if unaware that it was for whistleblowing- Royal Mail Group Ltd v Jhuti

In the case of Royal Mail Group Ltd v Jhuti, the Supreme Court has held that a dismissal is automatically unfair, where decision maker was not aware that the real reason was due to the employee making a protected disclosure.

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Employer fails in claim against credit controller for transferring £200,000 to fraudsters- Peebles Media v Patricia Reilly

A Court of Session judge has rejected a claim from Peebles Media to recover over £107,000 from a former employee, Patricia Reilly, after she made a series of online payments as the firm’s credit controller following fraudulent emails.

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Employee’s Human Right of freedom of expression vs their confidentiality obligations - Herbai v Hungary

The European Court of Human Rights (‘ECtHR’) holds that an employee’s right to freedom of expression had been violated by their employer after they were dismissed for publishing blog posts on his website relating to their work.

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Not paying ‘London Allowance’ to officer on maternity leave is direct sex discrimination - City of London Police v Geldart

The Employment Appeal Tribunal (‘EAT’) has upheld a claim for sex discrimination after a female police officer was not paid a ‘London allowance’ whilst on maternity leave.

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Employer not entitled to rely on negative right to work check notice to withhold pay and work - Badara v Pulse Healthcare Limited

Right to Work checks - EAT holds employer not entitled to rely on negative right to work check notice from the Home Office to withhold pay and work from an employee- Badara v Pulse Healthcare Limited

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Court of Appeal upholds injunction preventing industrial action as union interfered with the ballot - Royal Mail Group Limited v Communication Workers Union

Court of Appeal upholds injunction to prevent industrial action because the union interfered with the ballot- Royal Mail Group Limited v Communication Workers Union

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The law and practice referred to in this article or webinar has been paraphrased or summarised. It might not be up-to-date with changes in the law and we do not guarantee the accuracy of any information provided at the time of reading. It should not be construed or relied upon as legal advice in relation to a specific set of circumstances.

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