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Accepted street talk or racist language?

In Mann v NSL Ltd 2016, the employer sacked the employee for using “unacceptable racist language”. The employee claimed unfair dismissal on the grounds that it was “accepted local street talk”. Why did his argument fail? More...


Can you dismiss just because they smell of alcohol?

An employee has turned up to work smelling pretty bad and it’s obvious that it’s alcohol. Can you sack them simply because they reek of it or would a dismissal for this reason be inviting trouble? More...


Driving off with your reputation

A complaint has been received from a member of the public - apparently, whilst she was out jogging, a man driving one of your vehicles sounded the horn at her which she found highly offensive. Should you treat this as misconduct? More...


Unfairly sacked for not preventing harassment

When an employee was kicked unconscious at his desk his manager was sacked for “failing to adequately protect him from harassment”. Why did the tribunal rule that her dismissal was actually unfair? More...


Drug testing of employees: helpful turnaround

In March 2013 we told you about an employee who had claimed unfair dismissal when she was sacked following a positive drugs test. The Employment Appeal Tribunal has overturned that decision. What’s the latest? More...


Forcing their religious beliefs on others

Employees have the right not to be treated less favourably because of their religion or belief. But what if they seek to impose their views on others in your workplace? Could that give you grounds for their dismissal? More...


Sex at work out of hours: is it gross misconduct?

In a recent case the employee claimed unfair dismissal after he was sacked for engaging in sexual activities outside of hours but on work premises. Was his behaviour gross misconduct or not? More...


The nasty consequences of a positive drugs test

In a recent case, the employee had been required to undergo a drugs test following an anonymous tip-off. When the result came back positive, she was sacked. However, the tribunal has ruled that her dismissal was unfair. Why? More...


Can previous (mis)conduct be relevant to a dismissal?

You’ve already told an employee not to do something as you find it unacceptable. A few months on and they’ve done it again! Enough is enough and you want them out. But can you take their earlier misconduct into account? More...


Firing them by Facebook?

Usually, it’s an employee who falls into a trap when using Facebook - many have lost their jobs for posting negative comments on it. But why has one employer, who used it to communicate with an employee, landed itself in hot water? More...
Last updated: 12.08.2020

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