Case Digests

An employer’s claim that it had made a mistake in sending a letter of dismissal did not prevent its clear, unambiguous words of dismissal from taking effect - the employer could not unilaterally withdraw its notice of dismissal and could not plead 'special circumstances' to avoid such a conclusion.

The Foreign and Commonwealth Office did not breach its duty to make reasonable adjustments for a deaf senior diplomat when it withdrew an offer to post her to Kazakhstan because of the extremely high costs of making such adjustments.

An employee with two jobs was unfairly dismissed for claiming sick pay from one job while working in another job. The conduct established at her appeal was completely different from that upon which the decision to dismiss was based and no reasonable employer would have dismissed her in such circumstances.

An employee sacked over comments about her workplace on Facebook was unfairly dismissed. Her comments were ‘relatively minor’; there was nothing to suggest that the employer’s relationship with a key client had been harmed as a result; and the employer had failed to take into account her exemplary record and mitigating circumstances.

A reference which referred to negative reports and unsubstantiated allegations about an employee was not negligent because it had been made clear to the prospective employer that the issues raised about the employee were allegations only which had not been investigated.

Must there be a good or real prospect of an adjustment removing a disabled employee’s disadvantage for it to be considered as ‘reasonable’? Not necessarily says the EAT. If there’s a ‘real prospect’ that’ll be enough to make the adjustment a reasonable one - but an adjustment may be reasonable even if there’s a lower chance.