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Showing 155 results for Unfair dismissal
Time off for Dependants: Failure to Contact Employer as Soon as Reasonably Practicable Meant Dismissal Not Automatically Unfair
...unfair dismissal (if they have two years’ service), and the tribunal will then consider the reason for dismissal and whether the dismissal was fair in all the circumstances. In this case dismissal w...
Italian Banker Working in Singapore Not Covered by UK Whistleblowing Protections
...unfair dismissal and detriment provisions in the Employment Rights Act 1996 (“ERA”) in the same way as it applies to ordinary unfair dismissal claims. There was no reason to treat cases of automatic ...
Disciplinary Sanction Could Not be Increased on Appeal
...unfair dismissal . Rights of appeal exist for the employee’s protection and the ability to increase the sanction would deter many employees from exercising their right of appeal. Employers should gene...
Dismissal for Offensive Tweets
Dismissal for Offensive Tweets The EAT has overturned an employment tribunal’s decision that a dismissal for posting abusive tweets on a personal Twitter account was unfair. In Game Retail Ltd v Laws...
Six Week Delay in Resigning Did Not Preclude Constructive Dismissal Claim
...unfair constructive dismissal. The employment tribunal held that the fact that C waited six weeks before resigning meant that he could not claim constructive dismissal. The Employment Appeal Tribu...
Employee Lost Right to Claim Constructive Dismissal by Giving Too Much Notice
...unfair dismissal. As the EAT pointed out, this could not have been Parliament’s intention. Employees wishing to resign and claim constructive dismissal need to ensure that they do not do anything...
LLP Members Qualify for Worker Rights
...unfair dismissal) they do now have the range of protections given to workers against certain types of unlawful treatment by their firms and will be able to bring employment tribunal claims to enforce ...
Employees TUPE Transferred to Purchaser’s Parent Company Following Share Sale
...unfair dismissal where employees are dismissed or resign as a result of detrimental changes in working conditions.
Inability to Control Length of Contract Meant TUPE Exception did not Apply
...unfair dismissal against Prestige and the Council. The employment tribunal found that there had been a service provision change. Under an exception contained in TUPE, TUPE does not apply on a change...
No Discrimination Where Employee Dismissed for Absence due to Post-Natal Depression
...dismissal in March 2011. L claimed pregnancy discrimination, direct sex discrimination and unfair dismissal. L’s unfair dismissal claim was upheld but her discrimination claims were rejected and she...
Summary Dismissal Provision did not Entitle Employer to Dismiss Without Notice for Minor Breach
...unfair dismissal, rather than wrongful dismissal, it is likely that a tribunal would have found that the decision to dismiss, in circumstances where the breach was inadvertent, did not fall within the...
Employer’s Attempt to Harmonise Terms and Conditions Defeated by Re-engagement Order - Court of Appeal Upholds Tribunal Decision
...dismissals. The need for redundancies played no part in the employer’s reasons for giving notice of dismissal to these employees. The only reason for dismissal was the refusal to agree new terms an...
Employer Could Not Rely on “Without Prejudice” Correspondence
...unfair dismissal claims and not claims for automatic unfair dismissal, such as unfair dismissal on whistleblowing grounds. He would therefore have needed to rely on the without prejudice rule in any ...
Employers Can Rely on Last Straw Doctrine to Dismiss with Immediate Effect
...unfair dismissal but instead brought a claim for wrongful dismissal in the High Court, claiming loss of salary and benefits for his notice period and loss of valuable shares. The employer argued tha...
Dismissal Based on Allegation of Historical Sexual Abuse Unfair
...unfair dismissal. The employer argued that it had some other substantial reason for dismissal (“SOSR”) and the dismissal was fair. The EAT upheld the tribunal’s decision that the dismissal was unfai...
Employee’s Summary Dismissal Took Effect When Her Solicitor Informed Her of Dismissal
...Dismissal Took Effect When Her Solicitor Informed Her of Dismissal Summary dismissal takes effect when an employee learns of it, or has had a reasonable opportunity to learn of it. The fact an emplo...
Dismissal for Assaulting Partner at Home was Unfair
...unfair dismissal. The Court of Session upheld the employment tribunal's finding that CJD had been unfairly dismissed. An employer can only rely on conduct as a fair reason for dismissal if the cond...
Confusion Caused by Employer Results in Claim Being Out of Time
...unfair dismissal claim, despite the fact that it was her employer who gave her an incorrect termination date and paid her beyond what the EAT found to be the EDT. In unfair dismissal cases the Claima...
Successful Appeal Avoided Indirect Sex Discrimination
...unfair dismissal fair, on the facts of this case, the success of L’s appeal rendered the original decision refusing her request void. L did not suffer any disadvantage or detriment as the requiremen...
Failure to Allow Grievance Appeal to Different Manager May Give Grounds for Constructive Dismissal
...unfair dismissal arguing that the employer had breached the implied term of trust and confidence by effectively denying him a proper appeal (as H had heard both the original grievance and the subseque...