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Showing 285 results for Unfair dismissal
Recent Cases
LLP Members Qualify for Worker Rights
...unfair dismissal) they do now have the range of protections given to workers against certain types of unlawful treatment by their firms and will be able to bring employment tribunal claims to enforce ...
News
Unfair Dismissal Cap Challenge Fails
Unfair Dismissal Cap Challenge Fails An attempt to quash the new cap on the unfair dismissal compensatory award has failed. The cap of 52 weeks' pay was introduced last July. A challenge was made on...
Recent Cases
Employees TUPE Transferred to Purchaser’s Parent Company Following Share Sale
...unfair dismissal where employees are dismissed or resign as a result of detrimental changes in working conditions.
Recent Cases
Inability to Control Length of Contract Meant TUPE Exception did not Apply
...unfair dismissal against Prestige and the Council. The employment tribunal found that there had been a service provision change. Under an exception contained in TUPE, TUPE does not apply on a change...
Recent Cases
No Discrimination Where Employee Dismissed for Absence due to Post-Natal Depression
...dismissal in March 2011. L claimed pregnancy discrimination, direct sex discrimination and unfair dismissal. L’s unfair dismissal claim was upheld but her discrimination claims were rejected and she...
Sexual Harassment in the Workplace - as published in Global Banking & Finance Review
...dismissal will be the appropriate sanction, this will not always be the case. Jumping to a decision to dismiss without considering any mitigating factors could make the dismissal unfair; if the empl...
News
Increase in Compensation Limits Confirmed
...unfair dismissal compensatory award and the maximum amount of a week’s pay from 6 April 2014. The cap on the compensatory award will increase to £76,574 (up from £74,200) and the amount of a week’s pa...
Strike season and childcare – how to come out on top - as published in HR Review
...unfairly dismissed, as this was linked to his exercising his statutory rights. The case highlights the need for policies to be implemented carefully, so that decision makers and managers have a clear ...
News
Early ACAS Conciliation: Launch Confirmed for 6 April
...unfair dismissal is accompanied by a claim for interim relief. The early conciliation process will be available from 6 April 2014 and compulsory for claims presented on or after 6 May 2014. Claima...
Recent Cases
Summary Dismissal Provision did not Entitle Employer to Dismiss Without Notice for Minor Breach
...unfair dismissal, rather than wrongful dismissal, it is likely that a tribunal would have found that the decision to dismiss, in circumstances where the breach was inadvertent, did not fall within the...
Recent Cases
Employer’s Attempt to Harmonise Terms and Conditions Defeated by Re-engagement Order - Court of Appeal Upholds Tribunal Decision
...dismissals. The need for redundancies played no part in the employer’s reasons for giving notice of dismissal to these employees. The only reason for dismissal was the refusal to agree new terms an...
Recent Cases
Employer Could Not Rely on “Without Prejudice” Correspondence
...unfair dismissal claims and not claims for automatic unfair dismissal, such as unfair dismissal on whistleblowing grounds. He would therefore have needed to rely on the without prejudice rule in any ...
Recent Cases
Employers Can Rely on Last Straw Doctrine to Dismiss with Immediate Effect
...unfair dismissal but instead brought a claim for wrongful dismissal in the High Court, claiming loss of salary and benefits for his notice period and loss of valuable shares. The employer argued tha...
Recent Cases
Dismissal Based on Allegation of Historical Sexual Abuse Unfair
...unfair dismissal. The employer argued that it had some other substantial reason for dismissal (“SOSR”) and the dismissal was fair. The EAT upheld the tribunal’s decision that the dismissal was unfai...
Recent Cases
Employee’s Summary Dismissal Took Effect When Her Solicitor Informed Her of Dismissal
...Dismissal Took Effect When Her Solicitor Informed Her of Dismissal Summary dismissal takes effect when an employee learns of it, or has had a reasonable opportunity to learn of it. The fact an emplo...
Recent Cases
Dismissal for Assaulting Partner at Home was Unfair
...unfair dismissal. The Court of Session upheld the employment tribunal's finding that CJD had been unfairly dismissed. An employer can only rely on conduct as a fair reason for dismissal if the cond...
News
TUPE and Collective Redundancy Changes: Regulations and Guidance Published
...dismissals automatically unfair where the “sole or principal” reason for the change or dismissal is the transfer. The words “sole or principal” did not appear in the draft Regulations, although they ...
When is a Request to be Accompanied at a Disciplinary Meeting Unreasonable? - as published in Personnel Today
...unfair dismissal if the employee is ultimately dismissed. Employers will need to consider the amended Acas code carefully before deciding on the appropriate course of action and, if in doubt, take adv...
Recent Cases
Confusion Caused by Employer Results in Claim Being Out of Time
...unfair dismissal claim, despite the fact that it was her employer who gave her an incorrect termination date and paid her beyond what the EAT found to be the EDT. In unfair dismissal cases the Claima...
Hidden Dangers of a Limited Liability Partnership - as published in Global Banking & Finance Review
...unfair dismissal. Had Mr Tiffin been paid by way of a fixed share of profit without contributing capital and without voting rights, the result may well have been different. The case makes it clear tha...