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Employment – Unfair dismissal. The employee sought ill-health retirement on the basis of chronic degenerative condition of his spine. Shortly after doctors had reported that he was permanently unfit to work, the employee was observed displaying a range of movements. He was subsequently dismissed on the basis that he had allegedly exaggerated his condition. The employment tribunal held that, while the employee had genuinely believed in the employee's guilt and that the dismissal fell within the range of reasonable responses, the employer had not had reasonable grounds for its belief. The tribunal further allowed a claim for wrongful dismissal. The Employment Appeal Tribunal, allowing the employer's appeal, held that the tribunal had taken the wrong approach and had substituted its own view as to whether the employee had exaggerated. The tribunal had further erred in its conclusion on wrongful dismissal. The claim was remitted.
Employment – Unfair dismissal. The employee sought ill-health retirement on the basis of chronic degenerative condition of his spine. Shortly after doctors had reported that he was permanently unfit to work, the employee was observed displaying a range of movements. He was subsequently dismissed on the basis that he had allegedly exaggerated his condition. The employment tribunal held that, while the employee had genuinely believed in the employee's guilt and that the dismissal fell within the range of reasonable responses, the employer had not had reasonable grounds for its belief. The tribunal further allowed a claim for wrongful dismissal. The Employment Appeal Tribunal, allowing the employer's appeal, held that the tribunal had taken the wrong approach and had substituted its own view as to whether the employee had exaggerated. The tribunal had further erred in its conclusion on wrongful dismissal. The claim was remitted.
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
Giovanni D’Avola explores the issue of over-citation of unreported cases and the ‘added value’ elements of a law report
Louise Crush explores the key points and opportunities for tax efficiency
Westgate Wealth Management Ltd is a Partner Practice of FTSE 100 company St. James’s Place – one of the top UK Wealth Management firms. We offer a holistic service of distinct quality, integrity, and excellence with the aim to build a professional and valuable relationship with our clients, helping to provide them with security now, prosperity in the future and the highest standard of service in all of our dealings.
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If you were to host a dinner party with 10 guests, and you asked them to explain what financial planning is and how it differs to financial advice, you’d receive 10 different answers. The variety of answers highlights the ongoing need to clarify and promote the value of financial planning.
On the 50th anniversary of the pub bombings, even now it is still unresolved. Chris Mullin, the journalist and former MP who led the campaign leading to the release of the Birmingham Six, looks back at events
One year on and the Court of Appeal fails to quash convictions after receiving evidence of racism in the jury room, and there are still no revisions to the Equal Treatment Bench Book , says Keir Monteith KC
Most of us like to think we would risk our career in order to meet our ethical obligations, so why have so many lawyers failed to hold the line? asks Flora Page
If your current practice environment is bringing you down, seek a new one. However daunting the change, it will be worth it, says Anon Barrister
A cultural life and times
