Employment Issues

In the course of an employment tribunal hearing for unfair dismissal, issues arose as to the true reason for the dismissal and whether it had been reasonable for the respondent to conclude that the claimant was guilty of dishonesty.

A witness for the respondent had given evidence stating that he understood that the police had referred a file concerning the claimant to the Crown Prosecution Service. No criminal charges were ever brought though. The employment judge proceeded to hear the issue of unfair dismissal without the claimant giving evidence, stating that there nothing relevant to be cross-examined at that hearing. The claimant appealed.

On appeal, it was held that the claimant’s evidence and cross-examination of it was relevant to the issues the employment judge had to decide. He should not have proceeded without hearing it. He should have waited to see if the claimant had claimed any privilege against self-incrimination or made an application to adjourn the hearing.

The facts of the case in brief are that the claimant was employed as a porter who was expected to work a 96 hour shift cycle. It was found that between 2007 and 2014 on 41 occasions the claimant had claimed overtime on the basis that another porter was on leave whereas on those dates, records show the other porter was at work. There had been an overpayment of approximately £7,000. The claimant was dismissed on the grounds of dishonesty. Whilst he accepted that the overtime was wrongly claimed, he stated it was by reason of error, not dishonesty.

 

June 2017

Wills and Planning for the future

Research just published underlines how ill-prepared most people are in terms of their end of life planning.

More Info

Around-the-clock care set to double by 2035, according to study

According to a recent study published by The Lancet, it is estimated that in the next twenty years, the number of over-85s requiring around-the-clock care is set to double. 

More Info

Treatment for vulnerable offenders

Vulnerable offenders with mental health, alcohol and substance abuse issues are addressing the underlying cause of their offending, as part of a pioneering new government backed scheme.

More Info

Robbers have their sentences increased

In a sign that the courts are taking the vulnerability of victims more into account when assessing punishments for the guilty, a gang of robbers have recently had their sentences increased.

More Info

We’re proud to be associated with

  • The Law Society, Conveyancing Quality Accredited logo
  • The Law Society, Children Law Accredited logo
  • The Law Society, Criminal Litigation Accredited logo
  • The Law Society, Family Law Accredited logo
  • The Law Society, Family Law Advanced Accredited logo
  • The Law Society, Lexcel Accredited logo
  • Solicitors For The Elderly Accredited logo
  • Society of Trust and Estate Practitioners logo
  • Dementia Friends logo
  • Resolution logo