Search
Showing 155 results for Unfair dismissal
Whistleblowing claims: dismissal for way employee blew the whistle not automatically unfair
...dismissal will be unfair and so employees with two years’ service will succeed in an ordinary unfair dismissal claim. Unlike in whistleblowing cases, the compensatory award in an ordinary unfair dismi...
Covid-19 workplace guidance offers a layer of protection for employers
...unfair dismissal under s100(d) Employment Rights Act 1996. This provides that an employee is automatically unfairly dismissed if the reason for dismissal is that ‘in circumstances of danger which the ...
Failure to consider furlough meant redundancy dismissal was unfair
...dismissal was unfair Failure to consider furlough meant redundancy dismissal was unfair The Employment Appeal Tribunal has upheld an employment tribunal ruling that an employee’s redundancy dismissal...
Dismissal for raising frivolous and vexatious grievances was fair
...unfair dismissal. Dismissal was fair The Employment Tribunal ruled that Mr Hope’s dismissal was fair. It was reasonable for the BMA to conclude that his conduct was vexatious and...
When is a Whistleblowing Disclosure in the Public Interest?
...dismissal was automatically unfair. The employment tribunal agreed. The employment tribunal considered that the public interest requirement in the whistleblowing legislation had been met. &nbs...
Employer’s £42,000 SMP Bill Despite Employee Agreeing ACAS Settlement
...unfair dismissal and pregnancy discrimination which she settled through ACAS. Her employer paid her £60,000 in full and final settlement of all claims. She subsequently complained to HMRC that her e...
Employee’s dismissal for “friction” caused by health and safety activities ruled automatically unfair
...unfair An employee dismissed due to the “upset and friction” caused by the way he implemented a health and safety procedure had been automatically unfairly dismissed. Employee claims automatic unfair...
No Service Provision Change Where Employee Only Worked on One Contract
...unfair dismissal. The EAT held that the tribunal had been wrong to decide that TUPE applied. One of the essential requirements for a service provision change (SPC) - that before the SPC t...
Dismissal for discussing religion with patients fair
Dismissal for discussing religion with patients fair A nurse’s dismissal for discussing religion with patients after management told her not to was fair. Although an employee has the right to manifest...
FCA-regulated employee fairly dismissed for not being a “fit and proper person” after misleading employment tribunal
...unfair dismissal but the employment tribunal rejected his claims and he appealed to the Employment Appeal Tribunal (EAT). Decision Mr Radia argued that his employer should ...
Employee entitled to long-term disability benefits until he could return to the same job
...unfair dismissal and disability discrimination should therefore be calculated on that basis. Facts In ICTS (UK) Limited v Visram, Mr Visram was on long-term sick leave and receiving benefits u...
Dismissal due to problem working relationship related to business transfer
Dismissal due to problem working relationship related to business transfer An employee’s dismissal on the day of a business transfer was automatically unfair. Although she was dismissed due to p...
Implied term prevented employer dismissing employee whilst receiving long-term disability benefits
...dismissal was in breach of contract and whilst this did not automatically mean that his dismissal was unfair, a breach of an implied term of this sort was a highly relevant factor when assessing fairn...
Disability discrimination: Failure to consider part-time working meant dismissal not justified
...dismissal was unfair, it should have taken this factor into account when considering whether dismissal was proportionate. Although the tests for unfair dismissal and disability discrimination ar...
No right of appeal made dismissal unfair
...dismissal unfair An employee who failed to provide evidence of his continued right to work in the UK had been unfairly dismissed as he had not been afforded a right of appeal. Facts In Afzal v...
Summary dismissal fair where no single act of gross misconduct
...dismissal he had an unblemished disciplinary record. He claimed unfair dismissal but the employment tribunal ruled that the dismissal was fair. The employer had a fair reason for di...
Headteacher’s dismissal for failing to disclose relationship with sex offender was justified
...dismissal was the only appropriate sanction. Ms Reilly claimed unfair dismissal but the employment tribunal found that her dismissal was within the range of reasonable responses open to the sch...
No obligation to revisit dismissal decision on learning of employee’s pregnancy
...dismissal and given the dismissal letter dated 3 August. She alleged that she had been dismissed because she was pregnant and so her dismissal was automatically unfair and discriminatory....
Whistleblowing detriment claims: whose motive counts?
...unfair dismissal on whistleblowing grounds. It ruled that when determining an employer’s reason for dismissal, an employment tribunal must only consider the mental processes of the decision-make...
Compensatory awards to increase as employer pension contributions count towards the calculation of a week’s pay
...unfair dismissal. Facts In University of Sunderland v Drossou, Ms Drossou won an unfair dismissal claim against her employer. The cap on the compensatory award for unfair dismissal is set at ...