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Showing 155 results for Unfair dismissal
Recent Cases
Employer Liable for Full Value of Death in Service Benefits
...unfair dismissal and disability discrimination. Whilst employed, F was entitled to death in service benefits worth £85,000. He was dismissed on capability grounds five days before an operation which ...
Recent Cases
Tribunal Wrong to Look Behind Previous Disciplinary Warning
...dismissal unfair. It decided that the employer had acted unreasonably in totting up the warnings, given the circumstances of the first warning i.e. that it was in dispute. In addition the employer s...
Recent Cases
Tribunal Wrong to Subject Employer’s Redundancy Scoring to Detailed Analysis
...dismissal unfair as the marks given did not accurately reflect N’s capabilities as regards flexibility, administration and product skills. In addition, the marks allocated to flexibility were no...
Recent Cases
No Unfair Dismissal Where Employees Re-disciplined
...unfair dismissal. The EAT upheld the employment tribunal’s decision that the dismissals were fair. The fact that an employee’s misconduct has been considered under two sets of internal disciplinary ...
Recent Cases
Illegal Worker Unable to Bring Race Discrimination Claim
...unfair dismissal. That claim was thrown out by the employment tribunal on public policy grounds on the basis that employees should not be able to bring statutory employment claims which are dependent ...
Recent Cases
No Automatic Unfair Dismissal Where Employees Dismissed for Falling Asleep on the Job
...Unfair Dismissal Where Employees Dismissed for Falling Asleep on the Job Falling asleep on the job was not a sufficient indication of a refusal to forego a rest break and so the resulting dismissals w...
Recent Cases
Employee Fairly Dismissed for Vulgar Facebook Postings about Colleague
...unfair dismissal but the employment tribunal rejected his claim. T’s actions amounted to harassment within the terms of the employer’s Dignity at Work Policy – the comments violated A’s dignity, were...
Recent Cases
Resignation Effective When Letter Opened, Not When Read by Intended Recipient
...unfair dismissal claim to the employment tribunal on 29 April and the employer argued that it was out of time. The employment tribunal and EAT agreed. The effective date of termination was 29 January...
Recent Cases
Employers’ Retirement Notices Invalid Due to Technicality
...dismissal. Nevertheless the reason for dismissal in this case was retirement. This meant that the dismissal could not amount to age discrimination but was unfair. Whilst the impact of this case is l...
Recent Cases
Subjective Criteria Can Be Used When Selecting Redundant Employees for Alternative Roles
...unfairness to M could there be an arguable case of unfair dismissal. This case is a useful reminder that an employer is entitled to use subjective criteria when recruiting for a role, but not when sel...
Recent Cases
Change in Work Location was Substantial Change to Employees’ Material Detriment
...unfair dismissal claim as the change in working conditions will be by reason of the transfer and so the resulting dismissals will be automatically unfair.
Recent Cases
Replacing Employees with Franchisees Can be an “ETO Reason”
...dismissals were for a reason connected to the transfer and were automatically unfair. The tribunal agreed. It rejected MU’s argument that it had an ETO reason for the dismissals. An ETO reason ...
Recent Cases
No Service Provision Change Where Employees “Happened” to Work on Contract
...unfair dismissal when the new contractor refused to take them on. The new contractor argued that the claimants had not shown that they were assigned to any particular client of ES and therefore could ...
Recent Cases
No Damages for Breach of Contractual Disciplinary Procedure
...unfair manner of dismissal could only be recovered through a statutory claim for unfair dismissal. Parliament has put strict limits on what can be recovered in an unfair dismissal claim (including a c...
Recent Cases
Reasonableness of Sickness Absence Investigation: Length of Service Irrelevant
...unfair dismissal. The employment tribunal found that the employer’s investigation had not been reasonable and so the dismissal was unfair. The employer ought to have sought medical advice on when the ...
Recent Cases
Changing Terms after TUPE Transfer
...dismissals. The dismissals were not therefore automatically unfair. Attempts at harmonisation generally fall foul of TUPE’s prohibition on changes to terms and conditions which are made by reason of ...
Recent Cases
Discrimination: Directors can be joint and severally liable
...unfairly and were subjected to direct discrimination and harassment because of their religion. The claim was brought against the employer and Mr Bungay and another director Mr Paul. The ET found tha...
Recent Cases
Dismissal: Second jobs and sick leave
Dismissal: Second jobs and sick leave In Perry v Imperial College Healthcare, the EAT found that it was unfair to dismiss Ms Perry for misconduct for carrying on with a part-time job without permissi...
Recent Cases
Self-dismissal by failure to respond
...unfair dismissal claim in the employment tribunal within three months of being informed of his dismissal but some three years after the termination of his employment. The claim was struck out at a pre...
Recent Cases
Is it premature to submit a claim during a notice period?
...unfair dismissal. The School argued that the Claim was premature as her employment had not yet come to an end. The employment tribunal concluded that the School had terminated Mrs Balado’s employment ...