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Showing 285 results for Unfair dismissal
Recent Cases
Successful Appeal Avoided Indirect Sex Discrimination
...unfair dismissal fair, on the facts of this case, the success of L’s appeal rendered the original decision refusing her request void. L did not suffer any disadvantage or detriment as the requiremen...
Recent Cases
Failure to Allow Grievance Appeal to Different Manager May Give Grounds for Constructive Dismissal
...unfair dismissal arguing that the employer had breached the implied term of trust and confidence by effectively denying him a proper appeal (as H had heard both the original grievance and the subseque...
Are the Days of the Zero Hours Contract Numbered? - as published in Tolley's Employment Law Newsletter
...unfair dismissal rights and rights to sick pay and maternity and paternity pay), as they may be classed as "employees". All casual workers have the right to be paid statutory holiday and the national ...
Recent Cases
Dismissal for Admitted Misconduct was Victimisation
...unfair dismissal and victmisation, arguing that the real reason for dismissal was not his misconduct but the fact that he had previously brought a disability discrimination claim and continued to requ...
Recent Cases
Do Not Assume Dismissal for Gross Misconduct is Always Fair
...Dismissal for Gross Misconduct is Always Fair Dismissal of an employee for gross misconduct after a reasonable investigation does not necessarily fall within the band of reasonable responses meaning ...
Recent Cases
Death in Service Benefits Recoverable in Full
...unfair dismissal and disability discrimination. In Fox v British Airways, F had been entitled to death in service benefits worth £85,000 (three times salary) under the pension scheme. He was dismisse...
Recent Cases
Covert Video Surveillance Did Not Make Dismissal Unfair
...unfair dismissal. The employment tribunal found his dismissal unfair, deciding that using covert video surveillance made the investigation unreasonable. The investigation was too thorough as the em...
Recent Cases
Acas Code Applied to Dismissal for Some Other Substantial Reason
...dismissal was a breakdown in trust and confidence, not conduct. L successfully claimed that his dismissal was unfair but appealed against the level of his compensation, arguing that compensation shoul...
Recent Cases
Re-engagement Order Upheld Despite Breakdown in Working Relationship
...dismissal was unfair. He sought re-engagement. The employer argued that his re-engagement was not practicable as the relationship had broken down. W had made numerous allegations against a variety ...
Recent Cases
Start Date Not Brought Forward By Attending Client Meeting
...unfair dismissal but only had one year’s service if her employment began on 30 September, the day of the client meeting. Under the Employment Rights Act 1996, an employee’s continuous service begins w...
Recent Cases
Dismissal of Underperforming Employee was Redundancy
...unfair dismissal, arguing that the real reason for his dismissal was not redundancy but the fact that the club was critical of him. He maintained that in the 15 months leading to his dismissal his po...
Recent Cases
Disagreement Over Pay and Terms: No Breach of Trust and Confidence
...dismissal advanced by the employer was not the true reason for dismissal. The dismissal was therefore unfair. This case once again highlights the difficulties for employer of seeking to rely on loss ...
News
The new Agency Workers Regulations - what do they mean?
...unfair dismissal, redundancy consultation and payments and family friendly rights), but the introduction of the Agency Workers Regulations will provide the workers with a degree of protection. The ke...
Recent Cases
Dismissal Fair Despite Failure to Follow Acas Code
...dismissal; and the letter inviting him to the disciplinary hearing did not put him on notice that the hearing might result in dismissal. The EAT rejected the appeal. The dismissal was fair despite t...
Recent Cases
Recruitment Tests Not Suitable for Redundancy Selection
...unfair dismissal and the employment tribunal agreed that their dismissals were unfair. The employer’s appeal failed. The Employment Appeal Tribunal considered it very unusual for an employer to cond...
Recent Cases
Dismissal Fair Despite Optimistic Occupational Health Report
...unfair to colleagues, the department was under pressure and there was a possibility he would not return to work as no date had been set. J claimed unfair dismissal and argued that since occupational h...
Recent Cases
No Protection Against Post-employment Victimisation
...unfair dismissal claims. Shortly afterwards his employer provided an unfavourable reference to a prospective employer and he claimed this amounted to victimisation for bringing the tribunal claims. T...
Recent Cases
Tribunal Hearing Can Go Ahead in Claimant’s Absence
...unfair effect a further postponement would have on the respondent. The right to a fair trial does not mean it will necessarily be unfair to proceed with a hearing in a party’s absence. Although it wi...
Recent Cases
Dishonesty Dismissals: More Thorough Investigation Required
...Dismissals: More Thorough Investigation Required The EAT has held that a more thorough investigation is required in cases of dismissal for alleged dishonesty and any potentially exculpatory evidence ...
Recent Cases
UK Must Protect Against Dismissal on Grounds of Political Beliefs
...unfair dismissal are already able to claim that a dismissal on grounds of political belief is unfair. The ECHR was not suggesting that such a dismissal will be automatically unfair. It will be open ...