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Showing 285 results for Unfair dismissal
Recent Cases
Refusal to Allow Employee’s Choice of Companion Breached Implied Term of Trust and Confidence
...dismissal unfair. Facts In Stevens v University of Birmingham, Professor Stevens was employed by the University as Chair of Medicine. Following an inspection by a regulatory body, the University sta...
Jose Mourinho criticised for 'unjust' treatment of Chelsea team Doctor
...unfair/constructive unfair dismissal claim. Although only employees can claim unfair dismissal, a worker who is dismissed on whistleblowing grounds can claim financial compensation as well as injury t...
How should termination payments be taxed?
...unfair or wrongful dismissal; and compensatory payments made in cases of discrimination. It is not clear whether these two further exemptions would only apply where the payment is made to a former em...
Recent Cases
Dismissal for Derogatory Comments on Facebook Fair
...unfair dismissal. Decision The employment tribunal found the dismissal unfair. Although the employer had followed a fair procedure, the decision to dismiss was outside the band of reasonable respons...
News
Government Consults on Taxing Termination Payments
...unfair and wrongful dismissal and payments for compensation for loss of future earnings following discrimination; proposes to retain the existing exemptions for injury or disability; and proposes to...
Is Drunk and Disorderly Behaviour at your Summer Party to be Tolerated?
...dismissal, and as long as you as an employer have clear policies and rules in place, and follow a fair procedure, you can avoid a finding of unfair dismissal if you dismiss an employee following unacc...
Prank Beheading video results in dismissal, but is it fair?
...unfair dismissal claim, how will they fare? Of course we aren’t privy to all of the details, and the specific facts are very important. Assuming they were dismissed for gross misconduct, the starting ...
Recent Cases
Employee TUPE Transferred Despite Instruction to Remove Him From Contract
...unfair dismissal against Saga and Westminster. The employment tribunal ruled that Ms Jakowlew’s employment had not transferred. The instruction to remove her from the provision of the service meant t...
Recent Cases
Employee Who Objected to TUPE Transfer Not Protected Against Discrimination by Transferee
...unfair dismissal. However, the position is different if an employee does not object to their employment transferring. If Ms Gunn had not objected, her employment would have transferred automaticall...
Recent Cases
Dismissal for Smelling of Alcohol at Work was Unfair
Dismissal for Smelling of Alcohol at Work was Unfair An employee’s dismissal for coming to work smelling of alcohol has been found unfair by an employment tribunal. In McElroy v Cambridgeshire Communi...
Recent Cases
No Implied Duty to Disclose Allegations of Misconduct
...unfair dismissal. The employment tribunal agreed that his dismissal was unfair. The employer appealed unsuccessfully to the Employment Appeal Tribunal. There was no express contractual obligation re...
Recent Cases
Dismissal for Disobeying Instruction not to Contact the Information Commissioner’s Office was Fair
Dismissal for Disobeying Instruction not to Contact the Information Commissioner’s Office was Fair An employee’s dismissal for disobeying an instruction not to contact the Information Commissioner’s...
Recent Cases
Employer Could Not Rely on Final Written Warning Issued in Bad Faith
...dismissal. An employer who takes such a warning into account will not be acting reasonably and any subsequent dismissal will be unfair. The employment tribunal should therefore have allowed Mr Way to...
The employer's guide to zero-hours contracts - as published in HR Magazine
...unfair dismissal rights after two years' service) or casual workers with less legal protection. This depends on how the contract is drafted and how it is operated in practice. To avoid employment ri...
News
Compensatory Award Cap Challenge May Go To Court of Appeal
...unfair dismissal compensatory award may be heard by the Court of Appeal if it grants leave to appeal at a hearing on 19 May 2015. The cap, introduced in July 2013, is being challenged by Compromise A...
Jeremy Clarkson Dropped by the BBC
...dismissal for unfair dismissal purposes. Contractual rights under the commercial agreement will provide legal remedies for Mr Clarkson if the BBC has acted unlawfully. If he had been an employee then...
News
April 2015 Changes in Employment Law
...unfair dismissal compensatory award increases to £78,335 and the cap on a week’s pay increases to £475 where the effective date of termination is on or after 6 April 2015. Increases to statutory sick...
Recent Cases
Employee Lost Right to Claim Constructive Dismissal After 18 Month Delay in Resigning
...unfair dismissal. She argued she was too ill to contemplate resignation between October 2010 when she sent her complaint letter and April 2012. Her employer argued that she had lost the right to rel...
Recent Cases
Historic Misconduct Justified Dismissal Despite Employer Looking for Reason to Dismiss
...dismissal when defending a wrongful dismissal (breach of contract) claim, the same is not the case when defending a claim for unfair dismissal. In an unfair dismissal claim, the fairness or otherwise...
Recent Cases
Effect of Successful Appeal Against Dismissal
...dismissal” and reinstatement (unless there is a contractual provision to the contrary) and will not be able to bring an unfair dismissal claim since there will have been no dismissal. In G4S Justic...