Welcome to Wrigleys' Employment Law Bulletin, January 2022.
In our first article this month we report on the interesting case of Hope v British Medical Association in which the EAT considered whether a dismissal for raising a series of informal grievances and refusing to formalise them was fair in all the circumstances. This case provides helpful guidance on when a dismissal for conduct which is not gross misconduct may be found to be fair.
In Wells Cathedral School Ltd v Souter & Leishman, the EAT considered whether it was just and equitable to extend the time limit to bring discrimination claims. In this case, the claimants argued their delay was due to their wish to resolve their concerns through an internal grievance process.
Readers will be aware that staff working in care homes are now subject to a Care Quality Commission requirement to be vaccinated against Covid-19 or to have a valid medical exemption. However, before this requirement was brought into force a number of care sector employers issued management instructions requiring their staff to be vaccinated. We report on a recent employment tribunal decision, Ms C Allette v Scarsdale Grange Nursing Home Limited, which considered whether a care home worker was fairly dismissed for refusing to comply with a management instruction to be vaccinated.
And in the next in our series of Wrigleys' Essential Guides, we share some top tips for those undertaking the investigation stage of the disciplinary process.
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