Lancaster & Duke Ltd v Wileman [2018]

Posted In: Case Law
  • Case Reference
    UKEAT 0256_17_0407
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Dismissal, Discipline
Issues covered: Unfair Dismissal; Effective Date of Termination; EDT; Gross Misconduct; Statutory Notice

The claimant worked in a small family business but was not well-liked by all of her colleagues and was particularly disliked by one director. They had different styles of working and often clashed. It appears she had quite an abrasive manners. She was dismissed just short of two years' continuous service for what the employer described as gross misconduct. Had she been given her statutory notice of one week she would have had continuous service of 2 years and 5 days, allowing the claimant the right to complain of unfair dismissal under the GB legislation (obviously, the period of continuous service required in NI is one year). The question for the tribunal was whether the statutory notice

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This article is correct at 19/07/2018
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