Dismissal

New and updated

• Date:

  1 October 1977

  Type:

  Employment law cases

  Unfair dismissal: Different standard of fairness for temporary employees

  When the fixed term contract of a temporary employee expires without being renewed, the test of fairness may be less stringent than would be adopted for an employee whose status was not seen from the start as temporary. This is one of the points to emerge from Gwent County Council v Lane and Terry v East Sussex County Council.

• Date:

  1 October 1977

  Type:

  Employment law cases

  LM Boychuk v HJ Symons Holdings Ltd

  In LM Boychuk v HJ Symons Holdings Ltd [1977] IRLR 395 EAT, the EAT held that an employee who insisted on wearing a "Lesbians Ignite" badge was fairly dismissed because the employer asserted that the badge could cause offence to fellow employees and customers.

• Date:

  1 September 1977

  Type:

  Employment law cases

  Unfair dismissal: Evidence discovered after dismissal

  In Devis & Sons v Atkins, the House of Lords rules that whether a dismissal is unfair must be judged according to the facts which the employer knew or should have known at the time the decision to dismiss was taken.

• Date:

  15 August 1977

  Type:

  Employment law cases

  Unfair dismissal: Failure to follow a correct procedure

  In Mansfield Hosiery Mills Lid v Bromley, the EAT emphasises that it is only in exceptional cases that a failure to follow a correct procedure will not result in a finding of unfair dismissal.

• Date:

  1 May 1977

  Type:

  Employment law cases

  The Post Office v PA Mughal

  In Post Office v PA Mughal [1977] IRLR 178 EAT, the EAT established that the general test of fairness in dismissing a probationary employee is whether the employer took reasonable steps to maintain appraisal of the probationer throughout the probationary period, giving guidance by advice or warning, and whether an honest effort was made to determine whether he or she came up to the required standard.

• Date:

  1 May 1977

  Type:

  Employment law cases

  East Lindsey District Council v G E Daubney

  In East Lindsey District Council v G E Daubney [1977] IRLR 181 EAT, the EAT held that a failure to investigate an employee's medical condition and prognosis prior to dismissal for capability would normally result in unfair dismissal.

• Date:

  1 August 1975

  Type:

  Employment law cases

  CA Treganowan v Robert Knee & Co Ltd

  In C A Treganowan v Robert Knee & Co Ltd [1975] IRLR 247 HC, the High Court held that a clash of personalities between employees constitutes "another substantial reason" for dismissal within the meaning of the Trade Union and Labour Relations Act 1992.

• Date:

  1 May 1974

  Type:

  Employment law cases

  S Futty v Brekkes (D & D) Ltd

  In S Futty v Brekkes (D & D) Ltd [1974] IRLR 130 IT, the Industrial Tribunal held that an off-the-cuff remark by a foreman to an employee that if he didn't like his job he could leave had its own particular meaning in the fish trade and could not be held to constitute a dismissal.

• Date:

  1 December 1973

  Type:

  Employment law cases

  RJ Dedman v British Building and Engineering Appliances Ltd

  In RJ Dedman v British Building and Engineering Appliances Ltd [1973] IRLR 379 CA, the Court of Appeal held that an employee's time limit for presenting his unfair dismissal claim had expired. He knew his rights and was being advised by solicitors well before the expiry of the time limit.

• Date:

  1 August 1973

  Type:

  Employment law cases

  RS Components Ltd v RE Irwin

  In RS Components Ltd v RE Irwin [1973] IRLR 239 NIRC, the National Industrial Relations Court held that it was reasonable to terminate the employment of an employee who refused to sign a covenant restricting him operating in competition with the company for one year after leaving the company's employment.