Qualified lawyer, Nazir Khan, looks at the case: Eastland Homes Partnership Limited v Cunningham UKEAT/0272/13 and asks "what is classed as gross misconduct in the workplace?" Gross misconduct relates to serious behaviour on the part of an employee. To determine what is, or is not, gross misconduct cannot be confined [...]
Student lawyer Sophie Timms discusses the case of: Montgomery v Lanarkshire Health Board  UKSC 11 and asks "what information must be disclosed to a patient before they consent to surgery?" Facts: The claimant, Mrs Montgomery, brought a medical negligence claim due to the injuries her son sustained during childbirth, [...]
Student lawyer Joanna Garvey-Smith assesses the case of S.A Hogg v Dover College  ICR 39 (EAT) and asks "If an Employer drastically changes your Terms of Employment, can you claim Unfair Dismissal while still working under the new Contract?" Facts Mr Hogg was Head of History at Dover College, [...]
Is a District Judge a ‘worker’ within the meaning of the Employment Rights Act 1996 and therefore qualify for Whistleblowing Protection?
In Gilham v Ministry of Justice (2017) EWCA Civ 2220, the Court of Appeal ruled that a judge is not a worker within the meaning of the Act, concluding that there is enough statutory protection for judges to warrant their exclusion from the protection afforded by the Employment Rights Act [...]
Case: McTigue v University Hospital Bristol NHS Foundation Trust UKEAT/0354/15 A whistleblower is defined as an individual who raises concerns about misconduct or wrongdoing within an organisation. Whistleblowers are afforded a certain amount of protection and can make claims to an Employment Tribunal after being dismissed or victimised following a [...]
Clyde & Co LLP and another v Bates van Winkelhof The General Issues: What is the Importance of being a ‘worker’? The legal status, and rights therein, afforded to ‘workers’ is far more beneficial than that given to others, except for ‘employees’. This is why, in 2017, Deliveroo riders opposed [...]
Can employees disclose confidential information acquired during their employment if it is in the public interest?
Case: Initial Services Ltd v Putterill and another  1 QB 396 By Stefanie Stefanova General rule: Employees must not disclose to a third party any confidential information which they have acquired during the course of their employment. The information belongs to the employer and should be kept confidential. Exceptions: [...]
The Employment Rights Act 1996 (ERA 1996) protects whistleblowers, however, there are often blurred lines on the extent to which it protects them. The term whistleblower is defined on the Government website as: A worker or employee and that reports certain types of wrongdoing. This will usually be something they’ve [...]
Case: British Home Stores Ltd v Burchell  ICR 303 (EAT) Facts Miss Burchell was an employee at British Home Stores which had a scheme in place for staff purchases. The store suspected that Miss Burchell was abusing the scheme which led to her dismissal following investigations conducted by [...]
Case: Robinson v Combat Stress  UKEAT 0310_14_0572 Facts: Miss Robinson was a registered Mental Health Nurse at Combat Stress – a facility that provided therapy for military veterans of both sexes. She was dismissed because of three events that Combat Stress perceived to be cumulative. The events were: 1) [...]