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Showing 155 results for Unfair dismissal
Recent Cases
Dismissal for Admitted Misconduct was Victimisation
...unfair dismissal and victmisation, arguing that the real reason for dismissal was not his misconduct but the fact that he had previously brought a disability discrimination claim and continued to requ...
Recent Cases
Do Not Assume Dismissal for Gross Misconduct is Always Fair
...Dismissal for Gross Misconduct is Always Fair Dismissal of an employee for gross misconduct after a reasonable investigation does not necessarily fall within the band of reasonable responses meaning ...
Recent Cases
Death in Service Benefits Recoverable in Full
...unfair dismissal and disability discrimination. In Fox v British Airways, F had been entitled to death in service benefits worth £85,000 (three times salary) under the pension scheme. He was dismisse...
Recent Cases
Covert Video Surveillance Did Not Make Dismissal Unfair
...unfair dismissal. The employment tribunal found his dismissal unfair, deciding that using covert video surveillance made the investigation unreasonable. The investigation was too thorough as the em...
Recent Cases
Acas Code Applied to Dismissal for Some Other Substantial Reason
...dismissal was a breakdown in trust and confidence, not conduct. L successfully claimed that his dismissal was unfair but appealed against the level of his compensation, arguing that compensation shoul...
Recent Cases
Re-engagement Order Upheld Despite Breakdown in Working Relationship
...dismissal was unfair. He sought re-engagement. The employer argued that his re-engagement was not practicable as the relationship had broken down. W had made numerous allegations against a variety ...
Recent Cases
Start Date Not Brought Forward By Attending Client Meeting
...unfair dismissal but only had one year’s service if her employment began on 30 September, the day of the client meeting. Under the Employment Rights Act 1996, an employee’s continuous service begins w...
Recent Cases
Dismissal of Underperforming Employee was Redundancy
...unfair dismissal, arguing that the real reason for his dismissal was not redundancy but the fact that the club was critical of him. He maintained that in the 15 months leading to his dismissal his po...
Recent Cases
Disagreement Over Pay and Terms: No Breach of Trust and Confidence
...dismissal advanced by the employer was not the true reason for dismissal. The dismissal was therefore unfair. This case once again highlights the difficulties for employer of seeking to rely on loss ...
Recent Cases
Dismissal Fair Despite Failure to Follow Acas Code
...dismissal; and the letter inviting him to the disciplinary hearing did not put him on notice that the hearing might result in dismissal. The EAT rejected the appeal. The dismissal was fair despite t...
Recent Cases
Recruitment Tests Not Suitable for Redundancy Selection
...unfair dismissal and the employment tribunal agreed that their dismissals were unfair. The employer’s appeal failed. The Employment Appeal Tribunal considered it very unusual for an employer to cond...
Recent Cases
Dismissal Fair Despite Optimistic Occupational Health Report
...unfair to colleagues, the department was under pressure and there was a possibility he would not return to work as no date had been set. J claimed unfair dismissal and argued that since occupational h...
Recent Cases
No Protection Against Post-employment Victimisation
...unfair dismissal claims. Shortly afterwards his employer provided an unfavourable reference to a prospective employer and he claimed this amounted to victimisation for bringing the tribunal claims. T...
Recent Cases
Tribunal Hearing Can Go Ahead in Claimant’s Absence
...unfair effect a further postponement would have on the respondent. The right to a fair trial does not mean it will necessarily be unfair to proceed with a hearing in a party’s absence. Although it wi...
Recent Cases
Dishonesty Dismissals: More Thorough Investigation Required
...Dismissals: More Thorough Investigation Required The EAT has held that a more thorough investigation is required in cases of dismissal for alleged dishonesty and any potentially exculpatory evidence ...
Recent Cases
UK Must Protect Against Dismissal on Grounds of Political Beliefs
...unfair dismissal are already able to claim that a dismissal on grounds of political belief is unfair. The ECHR was not suggesting that such a dismissal will be automatically unfair. It will be open ...
Recent Cases
Redundancy Situation Identified Due To Maternity Leave: Dismissal Automatically Unfair
...Dismissal Automatically Unfair The EAT has ruled that where a redundancy situation becomes apparent because an employee is on maternity leave and that employee is selected for redundancy, the dismiss...
Recent Cases
No TUPE Service Provision Change if Service Provided to Different Client
...unfair dismissal claim. The first was a first generation contracting out under which WG Ltd (WG) ceased to carry out property management services in relation to its own property portfolio and appoin...
Recent Cases
Re-engagement Order Defeats Employer’s Attempt to Harmonise Terms and Conditions
...unfair dismissal claims which were upheld by the employment tribunal. The tribunal found that they had been dismissed for refusing to agree the new terms, that this was a reason connected with the ...
Recent Cases
Workers Not Entitled to Compensation Uplift
...unfair dismissal. The tribunal found that she was not an employee and so could not claim unfair dismissal. However, it found that she was a worker and that by ending her secondment, her employer had...