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Showing 285 results for Unfair dismissal
Recent Cases
Employer cannot hide behind manufactured reason for dismissal adopted by decision-maker
...dismissal was therefore automatically unfair. Parliament clearly intended that where the real reason for dismissal is whistleblowing, the dismissal should be automatically unfair. When searchin...
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New right to paid parental bereavement leave from 6 April
...dismissal and detriment for exercising their right to take leave. A dismissal will be automatically unfair if the reason or principal reason is connected to them having taken leave or because the empl...
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Annual increases to employment compensation limits and statutory rates of pay
...unfair dismissals awards and the prescribed amount of statutory payments will increase from April 2020. Compensation limits For unfair dismissal claims where the effective date of term...
The Coronavirus Act 2020 receives Royal Assent
...unfair to dismiss an employee for this reason The worker has the right to return to the job in which they were employed before the absence, on no less favourable terms and conditions The followi...
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Round-up of April 2020 employment law changes
...unfair dismissal increases to £88,519 (up from £86,444), or 12 months’ pay if lower. The limit on a week’s pay used for calculating statutory redundancy payments and the unfair dismissal basic aw...
UPDATED: Coronavirus job retention scheme - what you need to know
...unfair dismissal and redundancy payments. Grants cannot be used to substitute redundancy payments. Holiday The HMRC guidance says nothing about holiday and holiday pay during furlough. ...
Furloughed employees entitled to redundancy and notice payments based on full pay
...unfair dismissal basic award and additional award (for failure to reinstatement or reengage) and a payment awarded for failing to provide written reasons for dismissal. Thi...
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Teacher suspected of possessing indecent images of children was unfairly dismissed
...Dismissal unfair K claimed unfair dismissal, but the tribunal ruled his dismissal was fair. K appealed to the Employment Appeal Tribunal which overturned the tribunal’s decision and ruled his dismiss...
Furlough extended to the end of March: what we know so far
...unfair dismissal, redundancy payments and the right to be paid at least the National Minimum Wage for hours worked. Agreement with employees There will be no minimum furlough period, but the period ...
Recent Cases
Lack of interim relief remedy for discrimination claims may be unlawful
...dismissal breaches the European Convention of Human Rights. What is interim relief? In some cases of dismissal, including on grounds of whistleblowing and trade union activity, employees can app...
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Increases to redundancy payments and unfair dismissal compensation from April 2021
...unfair dismissal compensation from April 2021 Redundancy payments and unfair dismissal compensation are set to rise from April. The maximum compensatory award for unfair dismissal will increase to £8...
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Clinically Extremely Vulnerable - Change in Guidance
...dismissal for refusing to return would be automatically unfair. They could also be covered under the Equality Act 2010 and argue that any detrimental treatment or dismissal is discriminatory. It is be...
Recent Cases
TUPE service provision change: employees’ contracts can be split between transferees
...dismissals were automatically unfair. Employment tribunal decision The employment tribunal ruled that there had been two service provision changes and that the employees had transferre...
Recent Cases
Re-engagement not appropriate where employer doubts employee’s capability
...unfair dismissal. PGA conceded that the dismissal was unfair as it had not followed a fair procedure. Employment tribunal orders re-engagementA tribunal considering whether to order re-engagem...
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Why is menopause a workplace issue?
...unfair dismissal protection. Employees are also protected against discrimination under the Equality Act 2010 from the first day of their employment. Potential claims therefore include unfair dismissal...
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Covert CCTV recording in the workplace – is it ever lawful?
...unfair dismissal claim (or unfair dismissal claim, if dismissed by their employer). Much will depend on the nature of the misconduct and whether the covert recording was justifiable. Using covert CCTV...
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Furlough: what does it mean for redundancy dismissals?
...unfair dismissal. The Employment Judge found that she had been dismissed for redundancy, which is a potentially fair reason. However, the Judge ruled that the dismissal was unfair. He considered that...
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New right to carer’s leave: what employers need to know
...dismissal will be automatically unfair These are intended to be the minimum entitlements that an employer must provide and so employers can provide greater entitlements if they wish. For exam...
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Employment tribunal compensation limits increase from 6 April
...unfair dismissal is set to increase to £93,878 (up from £89,493). Note that there is no statutory cap on compensation if an employee is dismissed for whistleblowing or for carrying out health an...
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Resignations and PILONS: PILON does not convert resignation into dismissal
...dismissal, the employee cannot bring a claim for unfair dismissal. The Employment Appeal Tribunal felt bound by a previous EAT judgment, concluding that it was not ‘manifestly wrong’. How...