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

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.

Help understand the ramifications of each important case from NI, GB and Europe

24/7 access to all the content in the Legal Island Vault for research case law and HR issues

Ensure your organisation’s policies and procedures are fully compliant with NI law

Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors

Already a subscriber, now or Register

This article is correct at 19/07/2018

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Legal Island
Legal Island

The main content of this article was provided by Legal Island. Contact telephone number is 028 9446 3888 / 01 401 3874 or email

View all articles by Legal Island