All items: Unfair dismissal

  • Quick reference: tribunal statistics

    13 September 2016

    XpertHR's Quick reference tool has been updated following the publication of the latest annual tribunal statistics.

  • Fairness of dismissal: long service a double-edged sword

    28 July 2016

    The dismissal of an experienced baker for not washing his hands was held to be fair by the employment tribunal in Donovan v Greggs plc, because he should have appreciated the seriousness of his misconduct.

  • Can an effective appeal cure all procedural flaws?

    22 July 2016

    The question before the Employment Appeal Tribunal in Khan v Stripestar Ltd, was whether or not an effective appeal could cure a wholly inadequate disciplinary hearing.

  • Misconduct: how to avoid unlawful disparity of treatment

    14 July 2016

    When can an employer impose different sanctions on employees for the same offence? An employee's seniority and experience, previous disciplinary record and attitude after the event can all play a part in the employer's decision-making process.

  • Is use of racist language always a sackable offence?

    9 June 2016

    Can there ever be circumstances in which a dismissal for the use of racist language at work is unfair? The employment tribunal in Mann v NSL Ltd gave short shrift to an unfair dismissal claim by a worker who admitted using a racist term in front of colleagues.

  • Five recent cases against NHS employers

    9 June 2016

    We round up five recent cases against NHS employers that reached the Employment Appeal Tribunal, covering disability discrimination, religious discrimination, whistleblowing, human rights and unfair dismissal.

  • Religious discrimination: EAT ruling on sanctity of marriage

    23 May 2016

    Do marriage vows hold more importance for Christian employees? Can an employer dismiss a Christian employee if she decides to stay in a marriage with a convicted sex offender? These are just two of the issues considered by the Employment Appeal Tribunal in Pendleton v Derbyshire County Council and another.

  • Can you dismiss an employee for a single serious mistake?

    19 May 2016

    Old Trafford stadium had to be evacuated, at an estimated cost of £3 million, due to a fake bomb accidentally being left in a toilet after a training exercise. We round up five examples in case law that highlight the consequences of a one-off lapse in judgement.

  • Human rights: right to privacy in the spotlight

    5 May 2016

    In Garamukanwa v Solent NHS Trust, the EAT had to consider whether or not the employee's right to privacy had been breached when his employer used private material on his iPhone for disciplinary purposes.

  • Podcast: Applying the disciplinary procedure

    22 May 2015

    In this week's podcast, we discuss the importance of the disciplinary procedure, particularly in the context of a possible dismissal.

About this category

Editor's choice: HR and legal information and guidance relating to unfair dismissal.