Editor's message: The termination of a worker's employment is among the most sensitive tasks you and line managers within your organisation will face. Common reasons for employment ending include:
Stephen Simpson, principal employment law editor
The Employment Appeal Tribunal has held that the employee's disability-related absence was not the effective cause of the employer's decision to make the employee redundant. Rather, the absence was part of the context in which the employer identified the opportunity to restructure its business and eliminate the employee's post.
Updated to include information on Tees Esk & Wear Valleys NHS Foundation Trust v Harland and others, in which the EAT considered how to determine the "principal purpose" in relation to a service provision change.
Updated to include information on Beatt v Croydon Health Services NHS Trust, concerning an employee’s dismissal for making protected disclosures.
The Court of Appeal heard the appeal in the important whistleblowing case Chesterton Global Ltd (t/a Chesterton Humberts) and another v Nurmohamed on 8 June. The Court of Appeal is considering when a disclosure is "in the public interest", a key hurdle for claimants seeking to demonstrate that a disclosure is protected.
Cases on appeal provides news on key case law developments that are expected.
The Court of Appeal has held that, where the reason or principal reason for a dismissal is because the employee made a disclosure, the question of whether or not that disclosure is protected falls to be determined objectively by the tribunal, and not the employer.
The Court of Appeal has held that, in the absence of an express term in the employment contract, a posted notice of dismissal is effective only when it is "actually communicated" to the employee.
An employment tribunal has rejected the unfair dismissal claim of a long-serving employee with a clean disciplinary record who was dismissed over comments she made on Facebook about her employer.
In this podcast, XpertHR consultant editor Darren Newman looks at Western Excavating v Sharp, which defined "constructive dismissal" and led the courts and tribunals to develop the implied term of mutual trust and confidence.
Kirsti Laird is senior associate at Charles Russell Speechlys. She rounds up the latest rulings.
HR and legal information and guidance relating to termination of employment.