On the Monday Morning Dispatch (MMD) this week we have video updates on constructive dismissal, while in the case law review we summarise a number of updates from the Tribunal including an employee who was unfairly dismissed after a fellow employee used his coffee mug.

There are still places available at our Mock Tribunal event so please sign up by return or at employmenthub@chadlaw.co.uk

This Week at Chadwick Lawrence

On 9^th October 2022, Chadwick Lawrence sponsored the inaugural Morley 10k. We entered a team of runners and walkers that tackled the hills of Morley.

The Media Hub

Constructive dismissal – What is the duty of trust and confidence?

Aside from the express terms of the contract, the law implies a number of duties into the employment relationship which, if breached, can cause significant liability for the employer. This video explores the particular implied duty to maintain trust and confidence.

Click here to view the recording.

There have been lots of relevant employment law/HR updates this week.

Tribunal allowed a late appeal of a rule 1 judgement

In this case, an employer, a small business, appealed against a rule 21 judgment after 4.00 pm on the last day for appealing which meant that the appeal was therefore submitted a day late. The reasons for this late appeal included that the CEO was affected by a close friend’s COVID-related coma and had become immersed in dealing with a cash flow crisis. From May 2020, he was “in a very dark place” and not fit to engage with proceedings. The EAT concluded, having regard to the CEO’s genuine and corroborative witness evidence, that he had the described mental impairments, and the effect of them was a material and substantial part of the explanation for why the appeal was submitted late. The appeal was successful.

https://www.gov.uk/employment-appeal-tribunal-decisions/mtn-1-ltd-v-mr-david-ross-odaly-2022-eat-130

NHS worker was unfairly dismissed when another employee used his cup

In this case, an experienced NHS hospital worker flew into an outrage when another member of staff used his cup. He confronted other colleagues demanding to know who had used it, spilling leftover liquid on himself in the process. He was then accused of threatening another member of his team during this angry exchange and was subsequently fired after 20 years of service. The claimant brought claims against the health board for unfair dismissal. He was originally awarded £9000 as the tribunal found that the NHS investigation was flawed. In a recent appeal, this award was reduced by 75% due to the serious nature of the claimant’s misconduct.

https://www.gov.uk/employment-tribunal-decisions/mr-s-mullen-v-greater-glasgow-health-board-4101715-slash-2022

Early Conciliation number on multiple claim form only needed to refer to one of the prospective claimants

In this case, multiple employees had brought equal pay claims, claiming that they were entitled to comparative pay to employees in comparative roles. These claims dated back to 2015 and were brought by multiple claim forms. On the back of this, the tribunal gave guidance on the operation of Rule 10 of the Employment Tribunal Rules 2013 in a multi-claimant claim where the Early Conciliation (EC) number on the claim form referred to an EC certificate on which not all claimants were named. It was held that the tribunal did not immediately reject the claims of prospective claimants whose names did not appear on the early conciliation (EC) certificate, the number of which was quoted on the form. It was sufficient that the claim form contained an EC number from a certificate on which the name of one of the prospective claimants appeared.

https://www.gov.uk/employment-appeal-tribunal-decisions/mrs-m-clark-and-others-v-1-sainsburys-supermarkets-ltd-2-lloyds-pharmacy-ltd-2022-eat-143

Dates for the Diary

Mock Tribunal – What’s Your Verdict?

When? Monday 14^th November 2022

Where? Weetwood Hall Estate, Otley Road, Weetwood, Leeds LS16 5PS

Time? 8.30am registration, 9am start

This interactive seminar will involve a mock trial based on a fictional employment tribunal claim. We shall be using practising solicitors and barristers to ensure the event provides a very realistic view of the tribunal process with you, the audience, acting as the ‘jury.’ Further details to follow shortly.