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Not always dismissal for cases of gross misconduct

  • Jones Day
  • -
  • United Kingdom
  • -
  • September 20 2013

In the case of Brito-Babapulle v Ealing Hospital NHS Trust, the Employment Appeal Tribunal has held that a tribunal erred when it stated that

Tribunals and the Court of Justice of the European Union consider whether sick workers can carry over statutory holiday andor holiday pay

  • Jones Day
  • -
  • European Union, United Kingdom, USA
  • -
  • January 3 2012

In Adams and another v Harwich International Port Ltd, an employment tribunal held that sick workers may carry over their statutory annual leave entitlement until the next leave year (but not necessarily beyond) if unable or unwilling to take it due to sickness or if so required by the employer

The use of surveillance film in disciplinary proceedings

  • Jones Day
  • -
  • United Kingdom
  • -
  • May 31 2011

Where surveillance film is relied upon as evidence of the fairness of an employee's dismissal, footage should be examined by an expert and any investigation should be fairly and thoroughly undertaken

Disciplinaries and right to a fair hearing

  • Jones Day
  • -
  • United Kingdom
  • -
  • May 31 2011

The European Convention on Human Rights provisions on legal representation at internal hearings will only be engaged where the outcome of the proceedings will have a substantial effect on an employee's right to practise their profession