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Showing 155 results for Unfair dismissal
Recent Cases
Supreme Court Rules Employment Tribunal Fees Unlawful
...unfair dismissal and unlawful deductions claims). Also if a claim was struck out for non-payment of a fee, will it now be possible to appeal that decision out of time? One thing is certain. Emp...
Recent Cases
Personal liability for whistleblowing dismissals: implications for employers
...dismissal. They must instead bring an unfair dismissal claim, which can only be brought against the employer. They also argued that compensation in detriment claims is limited to pre-dismi...
Recent Cases
Dismissal not unfair because investigation too thorough
Dismissal not unfair because investigation too thorough The employment tribunal should not have ruled that a dismissal was unfair because the disciplinary investigation included details of similar inc...
Recent Cases
No whistleblowing dismissal if decision-maker unaware of protected disclosures
...dismissal was automatically unfair on whistleblowing grounds. The employment tribunal upheld her detrimental treatment claims but rejected her unfair dismissal claim. Ms Jhuti’s dismissal...
Recent Cases
Dismissals for failing to provide right to work documentation: illegality or SOSR?
...unfair dismissal. The employment tribunal considered that Abellio had dismissed for illegality, a fair reason for dismissal, and the dismissal was fair. Alternatively, he had been fairly ...
Recent Cases
Employer unaware of link between misconduct and disability still liable for discrimination
...dismissal suggested no link between his misconduct and his disability. Mr Grosset claimed unfair dismissal and disability discrimination. His unfair dismissal claim failed, but the employment tr...
Recent Cases
When are dismissal notices effective?
...unfair dismissal claim. In such cases, there is clear case law which decides that termination is only effective once the employee has read the letter (unless they have deliberately avoided doing...
Recent Cases
No whistleblowing protection for employee concerned only for personal liability
...unfair) and dismissing them for conduct connected related to the disclosure (which will be a potentially fair reason for dismissal). Employers considering dismissing for conduct connected ...
Recent Cases
Collective redundancies: no priority treatment for pregnant workers
...dismissal before she informs her employer of her pregnancy, the current position in the UK has not changed. Employers will only be liable for discrimination or unfair dismissal where they know of the ...
Recent Cases
When is a resignation letter not a resignation?
...unfair dismissal but the Trust argued that it had not dismissed her. She had resigned. The employment tribunal ruled that the Trust had dismissed Ms Levy. Her letter of resignation was unclear...
Recent Cases
Successful appeal meant no dismissal
...dismissal If an employee exercises a contractual right of appeal and the appeal is upheld, the dismissal has no effect and so the employee cannot claim unfair dismissal. Facts In Patel v Folke...
Recent Cases
Supreme Court rules Pimlico plumber was a worker, not self-employed
...unfair dismissal, disability discrimination and holiday pay. The employment tribunal had to consider whether he was an employee, worker or self-employed. It ruled that he was not an employ...
Recent Cases
Individual employees liable for whistleblowing dismissal
...unfair dismissal against their employer. First, it is possible to obtain compensation for injury to feelings which is not available in a claim for unfair dismissal. Second, the burden of proof i...
Recent Cases
Gay head teacher succeeds in unfair dismissal and discrimination claims due to biased disciplinary process
...unfair dismissal and discrimination claims due to biased disciplinary process Serious failings and bias throughout the disciplinary process entitled a gay head teacher to resign and claim constructive...
Recent Cases
Employer’s covert video surveillance did not breach employees’ privacy rights
...unfair dismissal in the Spanish Courts, but the courts ruled their dismissals were fair. They then brought a claim in the European Court of Human Rights, arguing that by upholding their dismissals bas...
Recent Cases
Employer cannot hide behind manufactured reason for dismissal adopted by decision-maker
...dismissal was therefore automatically unfair. Parliament clearly intended that where the real reason for dismissal is whistleblowing, the dismissal should be automatically unfair. When searchin...
Recent Cases
Lack of interim relief remedy for discrimination claims may be unlawful
...dismissal breaches the European Convention of Human Rights. What is interim relief? In some cases of dismissal, including on grounds of whistleblowing and trade union activity, employees can app...
Recent Cases
TUPE service provision change: employees’ contracts can be split between transferees
...dismissals were automatically unfair. Employment tribunal decision The employment tribunal ruled that there had been two service provision changes and that the employees had transferre...
Recent Cases
Re-engagement not appropriate where employer doubts employee’s capability
...unfair dismissal. PGA conceded that the dismissal was unfair as it had not followed a fair procedure. Employment tribunal orders re-engagementA tribunal considering whether to order re-engagem...
Recent Cases
Employee with long COVID was disabled
...dismissal on grounds of ill-health. Burke v Turning Point Scotland Mr Burke was employed as a caretaker from April 2001 until his dismissal on 13 August 2021. He contracted COVID-19 on 15 No...