Disciplinary processes must be conducted fairly and without undue delay | |||
Lim v Royal Wolverhampton Hospitals NHS Trust [2011] EWHC 2178 (QB) | |||
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2/11/2011
In this case where the Claimant admitted most of the allegations the employer was considered by the Court to have investigated the allegations of misconduct without undue delay. The Claimant was not told that the allegations of misconduct had been dropped whilst other serious concerns about his capability such as the death of a patient were investigated. The High Court ruled that the employer was not in breach of any express or implied requirements to deal fairly and expeditiously whilst investigating allegations of misconduct against the Claimant. |
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| Transcript of the judgement:- Lim v Royal Wolverhampton Hospitals NHS Trust [2011] EWHC |
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| 2011 An employer's reasonable (but wrong) belief that a worker is working illegally is no defence to an illegal deduction from wages claim - Okuoimose v City Facilities Management (UK) Ltd [2011] UKEAT 0192_11_1309 Whistleblowers are not protected against victimisation by fellow workers - NHS Manchester v Fecitt & Ors [2011] EWCA Civ 1190 An employee sharing profits in the firm is not necessarily a partner - Williamson & Soden Solicitors v Briars EAT [2011] UKEAT/2011/0065_10_2705 Leaving a page out of the reasons for an EAT appeal was venial - Hine & Anor (t/a Hine Marketing Partnership) v Talbot & Ors [2011] UKEAT 1783_10_2706 In Equal Pay claims after a TUPE transfer, red circling will be accepted as constituting a genuine material factor defence - Scotland Co Ltd v Buchanan & Anor (Equal Pay Act : Material factor defence and justification) [2011] UKEAT 0042_10_2505 The Minimum wage did not apply to a worker sleeping over without duties to perform - Wray v JW Lees & Co (Brewers) Ltd (National Minimum Wage [2011] UKEAT 0102_11_1407 Requests to continue working after 65 must be considered in good faith - Compass Group Plc v Ayodele [2011] UKEAT 0484_10_1407 An autocratic style of management is no justification for breaching the contractual term of trust and confidence - McBride v Falkirk Football & Athletic Club [2011] UKEAT 0058_10_1706 Overtime payments in the absence of an agreement - Driver v Air India Ltd [2011] EWCA Civ 830 Mere suspicion that a representative was acting for profit was not enough for imposing wasted costs - Jackson v Cambridgeshire County Council & Ors (Practice and Procedure : Costs) [2011] UKEAT 0402_09_0806 |
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