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Showing 285 results for Unfair dismissal
Redundancy Situation Identified Due To Maternity Leave: Dismissal Automatically Unfair
...Dismissal Automatically Unfair The EAT has ruled that where a redundancy situation becomes apparent because an employee is on maternity leave and that employee is selected for redundancy, the dismiss...
No TUPE Service Provision Change if Service Provided to Different Client
...unfair dismissal claim. The first was a first generation contracting out under which WG Ltd (WG) ceased to carry out property management services in relation to its own property portfolio and appoin...
Re-engagement Order Defeats Employer’s Attempt to Harmonise Terms and Conditions
...unfair dismissal claims which were upheld by the employment tribunal. The tribunal found that they had been dismissed for refusing to agree the new terms, that this was a reason connected with the ...
Workers Not Entitled to Compensation Uplift
...unfair dismissal. The tribunal found that she was not an employee and so could not claim unfair dismissal. However, it found that she was a worker and that by ending her secondment, her employer had...
Employer Liable for Full Value of Death in Service Benefits
...unfair dismissal and disability discrimination. Whilst employed, F was entitled to death in service benefits worth £85,000. He was dismissed on capability grounds five days before an operation which ...
Tribunal Wrong to Look Behind Previous Disciplinary Warning
...dismissal unfair. It decided that the employer had acted unreasonably in totting up the warnings, given the circumstances of the first warning i.e. that it was in dispute. In addition the employer s...
Tribunal Wrong to Subject Employer’s Redundancy Scoring to Detailed Analysis
...dismissal unfair as the marks given did not accurately reflect N’s capabilities as regards flexibility, administration and product skills. In addition, the marks allocated to flexibility were no...
No Unfair Dismissal Where Employees Re-disciplined
...unfair dismissal. The EAT upheld the employment tribunal’s decision that the dismissals were fair. The fact that an employee’s misconduct has been considered under two sets of internal disciplinary ...
Illegal Worker Unable to Bring Race Discrimination Claim
...unfair dismissal. That claim was thrown out by the employment tribunal on public policy grounds on the basis that employees should not be able to bring statutory employment claims which are dependent ...
No Automatic Unfair Dismissal Where Employees Dismissed for Falling Asleep on the Job
...Unfair Dismissal Where Employees Dismissed for Falling Asleep on the Job Falling asleep on the job was not a sufficient indication of a refusal to forego a rest break and so the resulting dismissals w...
Employee Fairly Dismissed for Vulgar Facebook Postings about Colleague
...unfair dismissal but the employment tribunal rejected his claim. T’s actions amounted to harassment within the terms of the employer’s Dignity at Work Policy – the comments violated A’s dignity, were...
Resignation Effective When Letter Opened, Not When Read by Intended Recipient
...unfair dismissal claim to the employment tribunal on 29 April and the employer argued that it was out of time. The employment tribunal and EAT agreed. The effective date of termination was 29 January...
Employers’ Retirement Notices Invalid Due to Technicality
...dismissal. Nevertheless the reason for dismissal in this case was retirement. This meant that the dismissal could not amount to age discrimination but was unfair. Whilst the impact of this case is l...
Subjective Criteria Can Be Used When Selecting Redundant Employees for Alternative Roles
...unfairness to M could there be an arguable case of unfair dismissal. This case is a useful reminder that an employer is entitled to use subjective criteria when recruiting for a role, but not when sel...
Change in Work Location was Substantial Change to Employees’ Material Detriment
...unfair dismissal claim as the change in working conditions will be by reason of the transfer and so the resulting dismissals will be automatically unfair.
Replacing Employees with Franchisees Can be an “ETO Reason”
...dismissals were for a reason connected to the transfer and were automatically unfair. The tribunal agreed. It rejected MU’s argument that it had an ETO reason for the dismissals. An ETO reason ...
No Service Provision Change Where Employees “Happened” to Work on Contract
...unfair dismissal when the new contractor refused to take them on. The new contractor argued that the claimants had not shown that they were assigned to any particular client of ES and therefore could ...
No Damages for Breach of Contractual Disciplinary Procedure
...unfair manner of dismissal could only be recovered through a statutory claim for unfair dismissal. Parliament has put strict limits on what can be recovered in an unfair dismissal claim (including a c...
Reasonableness of Sickness Absence Investigation: Length of Service Irrelevant
...unfair dismissal. The employment tribunal found that the employer’s investigation had not been reasonable and so the dismissal was unfair. The employer ought to have sought medical advice on when the ...
Changing Terms after TUPE Transfer
...dismissals. The dismissals were not therefore automatically unfair. Attempts at harmonisation generally fall foul of TUPE’s prohibition on changes to terms and conditions which are made by reason of ...