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Showing 285 results for Unfair dismissal
News
Time limits: Court of Appeal highlights importance of clear dismissal letters
...dismissal will be with immediate effect from 29 June 2017." Mr Brophy submitted claims for unfair dismissal and disability discrimination. Based on a dismissal date of 6 July (the date of re...
News
Refusal to pay resigning employee fair market value for shares not unfair
...unfair An employer had not treated an employee unfairly when it refused to pay her the fair market value for her shares after she resigned and became a ‘bad leaver’. The employee failed to get the agr...
News
Consultation on the new right to carer’s leave
...dismissal should be automatically unfair if the reason or principal reason for dismissal is that the employee has taken or sought to take carer’s leave. An employee would also be able to bring a claim...
News
Party manifestos: workplace issues
...unfair dismissal rights, with extra protections for pregnant women, those going through the menopause and terminally ill workersIncreased redundancy protection Introduce four new bank holidays an...
Recent Cases
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 ...
Recent Cases
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...
Recent Cases
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...
Recent Cases
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...
Recent Cases
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...
Recent Cases
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...
Recent Cases
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...
Recent Cases
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...
Recent Cases
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....
Recent Cases
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...
Recent Cases
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 ...
Recent Cases
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...
Recent Cases
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...
Recent Cases
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...
Recent Cases
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...
You’re Fired! Five top tips on getting it right
...unfair dismissal (discrimination or whistleblowing, for example) will be admissible in a court or Tribunal. If in doubt, go for both options but be aware of the limitations. Tax doesn’t have to be ta...