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Showing 155 results for Unfair dismissal
Court of Appeal Guidance on Discrimination Awards Where Psychiatric Injury Caused by Multiple Factors
...dismissal was on grounds of disability, constituted victimisation on account of her sex discrimination complaint and was unfair. The employment tribunal ruled that Mr Dent’s comment was an act o...
Whistleblowing Dismissal Automatically Unfair Despite Decision-Maker being Unaware of Disclosure
...Dismissal Automatically Unfair Despite Decision-Maker being Unaware of Disclosure An employee had been automatically unfairly dismissed for blowing the whistle, even though the person who made the dec...
The importance of adapting contracts for overseas employees
...unfair dismissal claim. Speedread When determining whether an employee’s employment had a closer connection with Great Britain, (and therefore whether it could hear his unfair dismissal clai...
Employer’s Belief that Whistleblowing Disclosure Not Protected is Irrelevant
...unfair dismissal case, the fact that the employer believed that the employee’s disclosure was not protected is irrelevant. Speedread In a whistleblowing unfair dismissal case, the fac...
When is Notice of Termination Effective?
...unfair dismissal claim.
Dismissal for Refusing to Comply with Mobility Clause Unfair
Dismissal for Refusing to Comply with Mobility Clause Unfair Employees dismissed for refusing to comply with a contractual mobility clause had been unfairly dismissed. Speedread Employees who were d...
Employer could rely on poor disciplinary history to dismiss, even though disciplinary warnings for previous misconduct had expired
...dismissal unfair. Speedread An employer had been entitled to dismiss an employee because of his disciplinary history and its view that things would not change. There is no rule that an employer, ...
Employee Sacked for Gross Misconduct Wins Disability Discrimination Claim
...dismissal did not suggest a link between his misconduct and his disability. He claimed unfair dismissal and disability discrimination. The employment tribunal found that the dismissal was fair, but ...
Whistleblowing Claim Failed as Legal Obligation Not Identified
...dismissal was automatically unfair on whistleblowing grounds, arguing that she had made a protected disclosure to Mr Ashton on 14 May 2014. She had disclosed information which she reasonably believe...
Early Conciliation Certificate Covered Constructive Dismissal Occurring After Certificate Issued
...unfair dismissal and disability discrimination. The employer argued in its defence that that the unfair dismissal claim was not properly instituted. Before a prospective claimant presents a claim re...
Employers may have to protect a disabled employee’s pay
...unfair dismissal. The employment tribunal ruled that G4S had breached its duty to make reasonable adjustments. It was a reasonable adjustment to employ Mr Powell as a key runner at his original rat...
Referring to Settlement Negotiations in Unfair Dismissal Claims
...Unfair Dismissal Claims Employers and employees cannot refer in unfair dismissal proceedings to the fact that settlement negotiations have taken place. Speedread The rule which precludes parties t...
Acas Code does not apply to Dismissal for Some Other Substantial Reason
...dismissal unfair. The procedure adopted was not fair and did not comply with the Code. The employer appealed. Decision The Employment Appeal Tribunal (EAT) agreed that the dismissal was unfair but...
Acas Code Does Not Apply to Ill-health Dismissals
...Dismissals The Employment Appeal Tribunal has confirmed that the Acas Code of Practice on Disciplinary and Grievance Procedures does not apply to dismissals for ill-health. Speedread The Acas Code o...
Dismissal Fair Where Employer Genuinely and Reasonably Believed Employee Had No Right to Work in the UK
...dismissal, the fact that it turns out that the employee had the right to work in the UK does not render the dismissal unfair. Facts In Nayak v Royal Mail Ltd, Mr Nayak was dismissed because Royal Mai...
Dismissal for Lying about Symptoms is Misconduct
...unfair dismissal. Employment Tribunal Decision The Tribunal accepted that Metroline had genuine conduct reasons for dismissal. However, in relation to the first two grounds it said that the medical ...
Raising Non-Urgent Concerns with Employee on Sick Leave Breached Implied Term of Trust and Confidence
...unfair constructive dismissal. Decision The employment tribunal found that Ms Hodkinson had not been bullied, was not a credible witness (she was prone to being over-sensitive and to exaggerate) and...
Injury to Feelings Compensation Taxable as a Termination Payment
...unfair dismissal, seeking compensation for loss of earnings and injury to feelings. Following a successful mediation, his employers agreed to pay him £200,000 under a settlement agreement. The agreem...
Dismissal for disclosing confidential information unfair
Dismissal for disclosing confidential information unfair An employee’s dismissal for disclosing confidential information about clients in an online chatroom was unfair in the light of the culture of ...
Ill-health dismissals: Fairness and Disability Discrimination
...dismissal and she claimed unfair dismissal and discrimination arising from disability. The Employment Tribunal’s decision The employment tribunal ruled that her dismissal was unfair. The Council h...