Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Case round-up

by Personnel Today 5 Aug 2003
by Personnel Today 5 Aug 2003

Case round-up by Eversheds 020 7919 4500

A tangled web?
Ilangaratne v British Medical Assn, EAT/1025/01/ZT EAT website

– Dr Ilangaratne was a doctor of Sri Lankan origin and a member of the
medical union, the British Medical Association (BMA). The BMA produces a
medical journal, the British Medical Journal (BMJ) and has a website to which
contributions can be made via e-mail, to be published within 24 hours.
Ilangaratne was a keen contributor by e-mail.

Concerned about system abuse, however, the BMJ published an article entitled
‘Bores on the web’. The BMJ published this on the same day as posting a message
from the doctor who complained of racial victimisation under section 11 of the
Race Relations Act 1976 (prohibiting racial discrimination by a trade union).

He believed the article reflected badly on him, suggesting he was a ‘bore’
and publication of his contributions had also been deliberately delayed. The
tribunal dismissed his complaints of racial victimisation on both counts, accepting
the incident was unfortunate but not deliberate. However, Ilangaratne
successfully appealed.

The Employment Appeal Tribunal (EAT) found the tribunal had failed to
properly consider the juxtaposition of the contribution to the website and the
‘Bores on the web’ article and similarly appeared to accept the BMJ’s reason of
practical difficulties for delays without question. It had failed to make the
essential judgment about how the matter would be seen in the eyes of
Ilangaratne and what the delay and juxtaposition of his publication would mean
to him.

So near but yet so far from unfair dismissal
Harper v Virgin Net Ltd ,2003, All ER (D) 146

– Ms Harper was dismissed by the Virgin Net a few months short of one year’s
service. Had she been dismissed on three months’ notice according to her
contract she would have accrued a full year’s service and acquired unfair
dismissal protection.

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

She alleged that by summarily dismissing her without proper cause, and
without adherence to her contract, the company had lost her the chance of
unfair dismissal compensation. The tribunal agreed, finding that Harper had
been wrongfully dismissed and that, by way of compensation, she should be
returned to the position she should have been, had she been able to raise an
unfair dismissal complaint. The company successfully appealed.

The EAT said that section 94(1) of the Employment Rights Act 1996 is subject
to restrictions including a qualifying period of one year. There is already
built-in protection within that statute extending the effective date of
termination by statutory minimum notice. This does not, however, extend to
contractual notice and, therefore, Harper did not qualify for protection.
Following the Johnson v Unisys case she was also unable to seek loss for the
fact and manner of her dismissal.

Personnel Today

Personnel Today articles are written by an expert team of award-winning journalists who have been covering HR and L&D for many years. Some of our content is attributed to "Personnel Today" for a number of reasons, including: when numerous authors are associated with writing or editing a piece; or when the author is unknown (particularly for older articles).

previous post
Faceless MDs fail to motivate UK workforce
next post
Our Q & A with BA’s Neil Robertson in full

You may also like

Why we need to rethink soft skills in...

1 Jul 2025

Five misconceptions about hiring refugees

20 Jun 2025

Forward features list 2025 – submitting content to...

23 Nov 2024

Features list 2021 – submitting content to Personnel...

1 Sep 2020

Large firms have no plans to bring all...

26 Aug 2020

A typical work-from-home lunch: crisps

24 Aug 2020

Occupational health on the coronavirus frontline – ‘I...

21 Aug 2020

Occupational Health & Wellbeing research round-up: August 2020

7 Aug 2020

Acas: Redundancy related enquiries surge 160%

5 Aug 2020

Coronavirus: lockdown ‘phase two’ may bring added headaches...

17 Jul 2020

  • Empowering working parents and productivity during the summer holidays SPONSORED | Businesses play a...Read more
  • AI is here. Your workforce should be ready. SPONSORED | From content creation...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+