All items: Dismissal

  • What is the HR role in disciplinary procedures after the Ramphal case?

    1 September 2016

    A recent case has caused uncertainty about the HR role in disciplinary procedures. HR should certainly not be judge, jury and hangman, writes John Charlton.

  • Five important employment law cases in 2016… and five more to come

    22 July 2016

    So far in 2016, there have been notable employment law cases on: holiday pay; childcare vouchers; social media at work; fraudulent sick leave; and reasonable adjustments for disabled people.

  • Disparity of treatment: when is it lawful to treat employees differently for the same misconduct?

    1 July 2016

    Employers need to tread carefully in situations where disparity of treatment arises. Natalie Jeffries, an associate from Burges Salmon, looks at the lessons from key cases where employees in an organisation were dealt with differently for the same types of misconduct.

  • One-off serious mistakes at work: five key cases

    17 May 2016

    After a mistake by a private security company during a training exercise led to a fake bomb being left in a toilet at Old Trafford, we explore the legal position for employers when an employee makes a single serious mistake at work.

  • Whistleblowing: Is the bar for the "public interest" test too low?

    11 April 2016

    Consultant editor Darren Newman explains why the changes introduced in 2013 to the definition of a "protected disclosure" for whistleblowing purposes, meaning that the whistleblower must now have a reasonable belief that the disclosure is in the public interest, may turn out to be cosmetic only.

  • The trust and confidence mantra: case round-up for NHS employers

    15 October 2015

    Capsticks Solicitors highlight some of the case law that NHS employers should take into account before referring to the loss of trust and confidence as a reason for dismissal.

  • Employment law myths: dismissal

    28 August 2012

    Martha Arnold of Osborne Clarke concludes a series of articles on employment law myths with a look at some myths around dismissal.

  • The boundaries of the band of reasonable responses

    13 July 2011

    In deciding whether or not a dismissal was fair, the tribunal must apply the “band of reasonable responses” test and consider if dismissal was an option open to a reasonable employer. While the band is wide, there are limits to when dismissal will be a reasonable response, as a recent Court of Appeal decision highlights. Consultant editor Darren Newman discusses.

  • Weekly dilemma: Dismissal before a bonus falls due

    17 March 2011

    This week's dilemma concerns whether or not an employer can avoid paying a bonus to a departing employee.

  • Dispute resolution procedures repeal: employers' questions answered

    10 March 2009

    We answer employers' questions on the effects of the repeal of the statutory dispute resolution procedures on 6 April 2009 and their replacement with a "lighter touch" regime based on the new Acas code of practice on disciplinary and grievance procedures. Issues covered include: the processes to follow in redundancy dismissals and where a fixed-term contract expires without being renewed; employees' right to call relevant witnesses; dismissals that would have fallen under the modified statutory dismissal procedure; time limits for appeals; and grievances from ex-employees.

About this category

Legal guidance: HR and legal information and guidance relating to dismissal.