Category Archives: Unfair Dismissal

Professional footballer Richard Keogh appeal against dismissal rejected

Fairness of dismissal for gross misconduct: What do you think? Keogh’s contract was terminated last month for gross misconduct after he was involved in a car crash which saw his teammates Tom Lawrence and Mason Bennett convicted of drink driving. The hearing was held last week, and it is understood Keogh was informed of the […]

Dismissal: Potentially Fair Reasons for Dismissal

Dismissal as a result of a statutory restriction By law there are 5 potentially fair reasons for legitimately terminating an employee’s employment they are: 1) Redundancy 2) Conduct 3) Capability 4) Some other substantial reason 5) Statutory Restriction The fifth and final potentially fair reason for dismissal is where there is a Statutory Restriction. This […]

Dismissal for Some Other Substantial Reason or SOSR

When can you dismiss an employee for Some Other Substantial Reason? Some other substantial reason or SOSR is a potentially fair reason to dismiss an employee and as you can probably tell by the words ‘some other’ it is designed to cover those scenarios that may not already be covered by the other 4 potentially […]

Constructive Unfair Dismissal and Notice

Can an employee lose the right to claim constructive dismissal by working out a 6 month notice period? Potentially, yes, according to a recent case in the High Court. The Law Constructive dismissal arises where an employer commits a fundamental breach of contract entitling the employee to treat his/her contract as being terminated. The breach […]

Should an employer always consider ‘bumping’ during redundancy?

When does an employer need to consider “bumping” in a redundancy situation? This was the question addressed in the case of Dr Mirab v Mentor Graphics (UK) Ltd UKEAT/0172/17/DA where it was argued that employer should have considered giving the role of a junior account manager to a more senior employee who was at risk […]

Is it fair to dismiss an employee who fails to provide documentary evidence that they have the right to work in the UK?

Unfair Dismissal: Dismissal for ‘illegality’ reasons In the recent case of Baker v Abellio London, the Employment Appeal Tribunal considered if it was fair to dismiss an employee for failure to produce documentary evidence of his right to work in the UK, where that employee was not subject to immigration control. The Law To fairly […]

Unfair Dismissal and consideration of an Employee’s previous conduct

Can previous conduct which has not resulted in disciplinary action be considered at dismissal stage? This was the question that faced the Employment Appeal Tribunal in the case of NHS 24 v Pillar. The Law In order to fairly dismiss an employee, an employer has to be able to show first that the reason for […]

Was the dismissal of an employee for poor attitude and behavioural issues fair?

Unfair Dismissal in the Court of Appeal In a recent case which has been decided by the Court of Appeal the question of an employer’s decision to dismiss an employee for what was essentially a poor and negative attitude and negative behaviours has been considered. The Law When an employee makes a claim for unfair […]

When can you rely on previous warnings to justify a fair dismissal?

Unfair Dismissal & Previous Warnings? A question that often arises from employers who are dealing with employee misconduct cases is “can I rely on a previous warning to justify dismissal for a new conduct issue?” In a recent case decided by the Employment Appeal Tribunal the reasonableness of a decision to dismiss an employee following […]

Unfair Dismissal: The reasonableness of a misconduct dismissal

Can an employee be fairly dismissed for failing to disclose a relationship with a sex offender? In this recent case decided by the Court of Appeal another very sensitive issue was considered and the reasonableness of a dismissal analysed in an unfair dismissal case where the employee failed to disclose the conduct of someone associated with her. The […]

Unfair Dismissal: Some other substantial reason for dismissal

The fairness of a decision to dismiss for Some Other Substantial Reason In this recent case decided by the Employment Appeal Tribunal dismissal for some other substantial reason was considered in the context where the employer alleged there had been a breakdown in trust meaning that the employee could no longer be employed. The Law […]

Protected Conversations & the Without Prejudice rule

When can negotiations with an employee be used as evidence? Employers now have two ways in which they can have frank discussions with employees to try to settle disputes, either before they arise or after they have arisen. In this recent case the admissibility of evidence from settlement negotiations was discussed, and provides some useful reassurance for employers. […]

Managing Sickness Absence

Do you have grounds to dismiss an employee who has lied about their sickness absence? In this case an employee who misrepresented the severity of his injury was caught on camera by his employer and subsequently dismissed. The Law In order to fairly dismiss an employee an employer must have one of 5 potentially fair […]

Discrimination Arising from Disability

Dismissal of an Employee & the Causal Link to Disability The Employment Appeal Tribunal recently decided a case regarding dismissal of a disabled employee whom the employer (wrongly) believed was working elsewhere whilst absent from work due to long term sickness. The case is Hall v Chief Constable of West Yorkshire Police The Law This […]

The scope of Human Resources intervention in disciplinary allegations

Will the influence of HR in an investigation and disciplinary render a dismissal unfair?  In a recent case decided by the Employment Appeal Tribunal the question of fairness of an employee’s dismissal was considered in respect of the influence that HR had on the investigation and subsequent disciplinary decision. The Law In order for a […]

Unfair Dismissal and Internal Appeals

 The Importance of the Internal Appeal Procedure When an employee’s employment is terminated they have the right to appeal against the decision that has been made, and there is guidance in the ACAS code of practice as to the handling of appeals. It is extremely important to ensure that when terminating employment you get the […]

Dismissal for posts on Facebook

 Can you dismiss an employee for posts on Facebook during personal time?  Social Media is a developing area of technology in itself and as more and more people are engaging with social media the instances of issues arising in the Employment Tribunal is increasing. There are no hard and fast rules about how the employment […]

Unfair Dismissal: Previous Warnings

When can previous warnings be used to justify a fair dismissal   In a recent case decided by the Court of Appeal the issue of previous warnings and in what circumstances they can be taken into account when dismissing employees, has been decided. The Law In order to dismiss an employee fairly you must have […]

Unfair Dismissal : Conduct

When is a combination of reasons for dismissal fair? Dismissing an employee for misconduct can be difficult to judge and many employers that I talk to are often concerned about whether they have sufficient grounds to justify dismissal particularly where there are several incidents of misconduct, and no one incident would be sufficiently serious. In […]

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