Search
Showing 155 results for Unfair dismissal
Unfair dismissal where employment has been terminated due to refusal to accept pay cut
...dismissal in the employment tribunals. At first instance, the employment tribunal held that the dismissal was unfair. The tribunal applied the test that an employer may only offer less favourable ter...
Disciplinary proceedings: Legal representation at public sector internal disciplinary hearings
...unfairness of the dismissal. However, this should be balanced with the fact that offering legal representation could create a precedent and increase costs, particularly if the employer wishes to be l...
Unfair dismissal: Health and safety comes first
Unfair dismissal: Health and safety comes first In Oudahar v Esporta Group Limited, the EAT confirmed that there is a two stage test for determining whether or not a dismissal will be automatically un...
Dismissal: When does notice start?
...unfair dismissal claim must be presented at an Employment Tribunal, within 3 months of the “beginning of the effective date of termination”. So where notice is given, the termination date will be the...
Sacked because of Facebook
...unfair dismissal was rejected as the ET determined that the company’s response fell within the band of reasonable responses. This said, the ET did comment that it would have been inclined to award a ...
Dismissal - The Lack of an Appeal
...unfair dismissal to the Tribunal and sort to argue that the final written warning was illegitimate and adduce evidence to that effect. The EAT considered that even though the appeal was not progressed...
TUPE: Pre-pack dismissals are automatically unfair
...dismissals are automatically unfair In OTG Limited v Barke and others, the EAT has departed from its ruling in Oakland v Wellswood (Yorkshire) Limited in respect of administrations and dismissals. Th...
TUPE: Moderating selection criteria results
...unfairness. The case shows that the mere risk of unfairness in a redundancy selection process (with no demonstration of actual unfairness) is not enough to render a dismissal unfair. However, had th...
Unfair dismissal: Offensive emails
...dismissal. Mr Gosden was dismissed for gross misconduct and he brought a claim at the ET for unfair dismissal and wrongful dismissal. The Tribunal considered that it was in the range of reasonable re...
Redundancy: Who goes in the pool?
...dismissal was determined to be unfair. The EAT found that the following factors should be considered: Whether or not there is a vacancy; How different the two jobs are; The difference in remunerat...
Age Discrimination: Considering retirement requests
...dismissal was unfair and found that Compass had not complied with the spirit of the legislation and its procedures were a charade. Mr Ayodele was awarded two years’ loss of earnings. Employers may be ...
Sex Discrimination: Be Wary of Gossip
...unfair dismissal claim. Ms Nixon was seen kissing another employee and then going to a hotel room with the employee after the firm’s Christmas party. Ms Nixon later discovered that she was pregnant...
Unfair Dismissal: Charges Must be Precise
Unfair Dismissal: Charges Must be Precise In Celebi v Scolarest Compass Group Ltd, the EAT found that the 'loss of £3,000' is not the same as 'theft of £3,000' and consequently Ms Celebi’s dismissal ...
Compensation: We Can’t Afford it!
...unfair dismissal. The employer appealed. They contended that the Tribunal had erred in that it did not consider the employer’s ability to pay the judgment and therefore was not just. The EAT held th...
Redundancy: Maternity Leave and Suitable Alternative Roles
...unfair dismissal, arguing that under the Maternity and Parental Leave etc. Regulations 1999, Endsleigh should “at the very least” have offered her one of the roles in Cheltenham rather than just invit...