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Showing 285 results for Unfair dismissal
Bonus Disputes: what happens when things go wrong?
...unfair dismissal. So if an employee has over two years’ service, then they are protected from being unfairly dismissed. If a dispute arises about their bonus, whether it has been underpaid or withheld...
News
Algorithms in the workplace - People not Processes
...dismissal. Benefits and risks of algorithmic management tools The ACAS report explains that there are two obvious benefits on offer; the main attraction of algorithmic management is speed and t...
Recent Cases
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...
Unusual Dismissals - A "how to" guide for Aspiring HR Advisers
...unfair dismissal protections 3. Minutes 3-4.20 What are the different types of dismissal?4. Minutes 4.20-6 'Some other substantial reason' (SOSR) explained5. Minutes 6-7.25 Illegality, what does ...
A change in the weather: TUPE and the weather presenters - as published in HR Magazine
...unfair dismissal or breach of contract. It could also mean that we won’t see them presenting the weather on the BBC any more (unless they reach an agreement for the BBC to employ them directly). The ...
How to handle retirement - as published in Education Today
...unfair dismissal claims and not discrimination claims. Likewise, “without prejudice” discussions are not the answer as they only work where there is already a dispute with the employee, which is unli...
Recent Cases
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...
Jingle all the way (to the Employment Tribunal)
...unfair dismissal. The Employment Tribunal found that because the events were sufficiently closely connected to work, his dismissal was fair.Vicarious liabilityEmployers can be held vicariously liable ...
Avoid £5k per day fines, auto-enrolment not a once and forever task
...unfair. We strongly recommend that employers ensure that their HR teams and managers are appropriately briefed on auto-enrolment rights and protections, so as to avoid fines from the Regulator,...
Recent Cases
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...
Brexit Bites - Part 6: What’s not changing?
...unfair dismissal, the National Minimum Wage and shared parental leave. But what about non-domestic employment laws? UK law stemming from EU law Many employment laws in the UK are in place as a resul...
Recent Cases
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...
News
Negotiating severance packages: you can’t pick and choose
...unfair dismissal and discrimination, the employee must also be advised on the settlement agreement by an independent solicitor or other independent legal adviser. It is importa...
News
Does the way a redundancy arises affect whether a redundancy situation exists?
...unfair dismissal. Tribunal rules no redundancy situation The tribunal ruled there was no redundancy situation. Therefore, the employer did not have a fair reason for dismissal and the dismiss...
News
Employment Appeal Tribunal confirms test for specific disclosure applications
...unfair constructive dismissal and detrimental treatment on whistleblowing grounds. Tribunal makes specific disclosure order At a preliminary hearing, Ms Bharaj applied for disclosure of documents cr...
Recent Cases
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...
News
Unfair dismissal: No likely compensation not a ground to strike out the claim
Unfair dismissal: No likely compensation not a ground to strike out the claim Tribunals should not strike out an unfair dismissal claim which has reasonable prospects of success just because compensat...
News
Tribunals: Unless Orders must be unambiguous to strike out whole case
...unfair dismissal, automatic unfair dismissal (for having blown the whistle) and breach of contract. At a preliminary hearing, the employment tribunal ordered him to provide a table setting out ...
Recent Cases
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...
News
Employee’s length of service irrelevant for wrongful dismissal claims
...unfair dismissal, as well as for wrongful dismissal claim (claiming loss of notice pay). Employment tribunal rules dismissal was wrongful Mr Cameron succeeded in his wrongful dismi...