InsightsPosts By 'Jaime Gay'

4th August 2015

ACAS, the Advisory Conciliation and Arbitration Service, have published statistics which show the first year of Early Conciliation. Whilst Early Conciliation is in its infancy, the statistics reveal the impact it has had in the last year.

2nd July 2015

“No”, said the Employment Tribunal in McElroy v Cambridgeshire Community Services NHS Trust. Jaime Gay looks at a recent case of unfair dismissal when an employee attended work smelling of alcohol, an action that was regarded as gross misconduct.

2nd June 2015

In Thomas v Imperial College Healthcare NHS Trust the EAT held that a dismissal was procedurally unfair due to the fact that the chair of the disciplinary panel had no experience or training in conducting disciplinary hearings. The EAT found that this lack of experience led to the disciplinary panel misapplying the disciplinary procedure making the dismissal also substantively unfair.

5th May 2015

It is now illegal to drive with specified levels of certain drugs such as cannabis and cocaine, including legal medication, in your system. Under section 4 Road Traffic Act 1988, it is an existing offence to drive a motor vehicle whilst being unfit to do so as a result of drug consumption. However, under the new law, you may be guilty of an offence of drug driving even if your ability to drive is not impaired as a result of drug use.

16th December 2013

It would seem reasonable to think that dismissal inevitably falls within the band of reasonable responses in a case of gross misconduct. However, the recent case of Brito-Babapulle v Ealing Hospital NHS Trust highlights that this approach may be an error as it would fail to give due consideration to any mitigating factors.