Automatically unfair dismissal

New and updated

• Type:

  FAQs

  What are the consequences for an employer that dismisses an employee to avoid paying them statutory maternity pay?

• Date:

  1 August 2010

  Type:

  Employment law cases

  Case round-up

  Ceri Hughes, David Parry, and Carly Mather, associates at Addleshaw Goddard, detail the latest rulings.

• Date:

  15 July 2010

  Type:

  Employment law cases

  Employee unfairly dismissed after TUPE transfer

  This case is a good example of a key issue in TUPE claims: whether or not an employee was assigned to the transferred undertaking.

• Date:

  28 June 2010

  Type:

  Employment law cases

  Whistleblowing: Opinion on discretionary redundancy scheme not protected disclosure

  In Goode v Marks & Spencer plc EAT/0442/09, the EAT held that an employment tribunal was right to find that an employee had not been dismissed because of having made a protected disclosure. There had been no qualifying or protected disclosure, but merely an opinion expressed about the employer's proposal for changes to a discretionary enhanced redundancy scheme.

• Date:

  26 January 2010

  Type:

  Employment law cases

  Whistleblowing: Disclosure of "information" requires statement of facts

  In Cavendish Munro Professional Risks Management Ltd v Geduld [2010] IRLR 38 EAT, the EAT held that the employment tribunal erred in deciding that a solicitor's letter amounted to a qualifying disclosure for the purposes of s.43B of the Employment Rights Act 1996. The letter merely stated the employee's position in an ongoing dispute, without alleging any facts.

• Date:

  30 June 2008

  Type:

  Employment law cases

  Whistleblowing: Burden of proof

  In Kuzel v Roche Products Ltd [2008] IRLR 530, the Court of Appeal held that, having rejected the potentially fair reason for dismissal put forward by the employer, the tribunal was not obliged to accept the automatically unfair reason put forward by the employee. It was entitled to find that the employer had at least proved that this was not the reason for dismissal.

• Date:

  14 April 2008

  Type:

  Employment law cases

  Automatically unfair dismissal: Causal link between dismissal and paternity leave necessary

  In Atkins v Coyle Personnel plc EAT/0206/07, the EAT held that, for an employee to claim successfully that his dismissal was related to the fact that he had taken paternity leave, there must be a causal link between the dismissal and the leave.

• Date:

  27 February 2008

  Type:

  Employment law cases

  TUPE case law update

  This article looks at some of the important judgments in the area of the transfer of undertakings over the past year.

• Date:

  13 June 2007

  Type:

  Employment law cases

  Whistleblowing: Worker's 'reasonable belief' need not be factually correct

  In Babula v Waltham Forest College [2007] IRLR 346 the Court of Appeal held that to qualify for protection from detriment or dismissal for whistleblowing, a worker must hold a "reasonable belief" that the information disclosed tends to show that a criminal offence will be committed or that there will be non-compliance with a legal obligation.

• Date:

  27 March 2007

  Type:

  Employment law cases

  Case of the week: TUPE transfers

  This week's case of the week, provided by Covington & Burling, covers TUPE transfers.