Search
Showing 155 results for Unfair dismissal
Dismissal Not Unfair As Result Of Inconsistent Treatment
...unfair dismissal and the employment tribunal ruled his dismissal was unfair as there was an unreasonable inconsistency in the employer’s treatment of Mr Jones and Mr Battersby. MBNA appealed. Decis...
Whistleblowing Public Interest Test Satisfied by Employee Raising Contractual Matter Affecting Group of Employees
...unfair allocation of overtime, resulting in some drivers suffering reduced income. Mr Underwood was subsequently dismissed and he claimed that his dismissal was automatically unfair on whistleblowing ...
EAT Gives Guidance on HR’s Role in Disciplinary Investigations
...dismissal. Mr Ramphal claimed unfair dismissal. He argued that Mr Goodchild’s decision was improperly influenced by HR. Decision The employment tribunal found the dismissal fair. The decision to ...
Refusal to Allow Employee’s Choice of Companion Breached Implied Term of Trust and Confidence
...dismissal unfair. Facts In Stevens v University of Birmingham, Professor Stevens was employed by the University as Chair of Medicine. Following an inspection by a regulatory body, the University sta...
Dismissal for Derogatory Comments on Facebook Fair
...unfair dismissal. Decision The employment tribunal found the dismissal unfair. Although the employer had followed a fair procedure, the decision to dismiss was outside the band of reasonable respons...
Employee TUPE Transferred Despite Instruction to Remove Him From Contract
...unfair dismissal against Saga and Westminster. The employment tribunal ruled that Ms Jakowlew’s employment had not transferred. The instruction to remove her from the provision of the service meant t...
Employee Who Objected to TUPE Transfer Not Protected Against Discrimination by Transferee
...unfair dismissal. However, the position is different if an employee does not object to their employment transferring. If Ms Gunn had not objected, her employment would have transferred automaticall...
Dismissal for Smelling of Alcohol at Work was Unfair
Dismissal for Smelling of Alcohol at Work was Unfair An employee’s dismissal for coming to work smelling of alcohol has been found unfair by an employment tribunal. In McElroy v Cambridgeshire Communi...
No Implied Duty to Disclose Allegations of Misconduct
...unfair dismissal. The employment tribunal agreed that his dismissal was unfair. The employer appealed unsuccessfully to the Employment Appeal Tribunal. There was no express contractual obligation re...
Dismissal for Disobeying Instruction not to Contact the Information Commissioner’s Office was Fair
Dismissal for Disobeying Instruction not to Contact the Information Commissioner’s Office was Fair An employee’s dismissal for disobeying an instruction not to contact the Information Commissioner’s...
Employer Could Not Rely on Final Written Warning Issued in Bad Faith
...dismissal. An employer who takes such a warning into account will not be acting reasonably and any subsequent dismissal will be unfair. The employment tribunal should therefore have allowed Mr Way to...
Employee Lost Right to Claim Constructive Dismissal After 18 Month Delay in Resigning
...unfair dismissal. She argued she was too ill to contemplate resignation between October 2010 when she sent her complaint letter and April 2012. Her employer argued that she had lost the right to rel...
Historic Misconduct Justified Dismissal Despite Employer Looking for Reason to Dismiss
...dismissal when defending a wrongful dismissal (breach of contract) claim, the same is not the case when defending a claim for unfair dismissal. In an unfair dismissal claim, the fairness or otherwise...
Effect of Successful Appeal Against Dismissal
...dismissal” and reinstatement (unless there is a contractual provision to the contrary) and will not be able to bring an unfair dismissal claim since there will have been no dismissal. In G4S Justic...
Australian Employee Working Remotely from Australia Could Bring Whistleblowing Claim
...unfair dismissal and whistleblowing claims in an English employment tribunal. In Lodge v Dignity & Choice in Dying, L was an Australian citizen and head of finance for a British company. Her co...
Label Attached to Misconduct Immaterial
...unfair dismissal but the employment tribunal found her dismissal fair. On appeal to the Court of Appeal, B argued that she had been dismissed as a result of the hospital’s belief that her conduct amou...
Dismissal of Disabled Employee Lawful as No Adjustments Reasonable
...unfair dismissal and disability discrimination. The employment tribunal rejected her claims and she appealed to the EAT. The EAT dismissed her appeal. The tribunal had been entitled to conclude that...
Redundancy and Maternity Leave: Extent of Obligation to Offer Alternative Employment
...dismissal automatically unfair. She also argued that it amounted to direct discrimination because she was on maternity leave. The employment tribunal upheld both claims and the employer appealed to...
Duty to Make Reasonable Adjustments Did Not Require Employer to Ignore Final Written Warning for Absence
...unfair dismissal and disability discrimination. The employment tribunal upheld his claims, finding that it would have been a reasonable adjustment for the employer to ignore the final written warnin...
Injury to feelings compensation for a redundancy tainted by age discrimination should have been taxed
...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 sum wa...