Termination of employment

New and updated

  • Unfair dismissal: no limit on defects cured by fair appeal

    Date:
    21 July 2016
    Type:
    Law reports

    The Employment Appeal Tribunal (EAT) has held that there are no limitations on the nature and extent of the deficiencies in a first stage disciplinary procedure that can be cured by a thorough and effective appeal.

  • Podcast: Employment law update

    Date:
    8 July 2016
    Type:
    Audio and video

    We provide a mid-year round-up of the key legal developments for employers, including the Trade Union Act, gender pay gap reporting, public-sector exit payments, the apprenticeship levy and the latest position on holiday pay cases.

  • Human rights: Article 8 right to privacy did not prevent reliance on iPhone evidence

    Date:
    30 June 2016
    Type:
    Law reports

    In Garamukanwa v Solent NHS Trust [2016] IRLR 476 EAT, the EAT held that an employee who was dismissed for sending anonymous malicious emails to his former girlfriend could not rely on art.8 of the European Convention on Human Rights to prevent his employer from using evidence from his iPhone connecting him with the fake email addresses from which the messages were sent. Since the iPhone evidence had been supplied by the police following their investigations and with permission for it to be used, the tribunal had not erred in finding that the employer acted within the range of reasonable responses.

  • Religion or belief discrimination: Dismissal of Christian teacher who stood by convicted husband was discriminatory

    Date:
    30 June 2016
    Type:
    Law reports

    In Pendleton v Derbyshire County Council and another [2016] IRLR 580 EAT, the EAT held that the dismissal of an Anglican Christian teacher who refused to leave her husband, who had been convicted and sentenced to 10 months' imprisonment for making indecent images of children and voyeurism, was unfair and indirect religion or belief discrimination.

  • Acas code does not extend to dismissal for breakdown in working relationships

    Date:
    29 June 2016
    Type:
    Law reports

    The Employment Appeal Tribunal (EAT) has held that the "Acas code of practice on disciplinary and grievance procedures" does not apply to dismissals for some other substantial reason (SOSR) due to a breakdown in working relationships.

  • Acas code on discipline and grievance does not apply to ill-health dismissals

    Date:
    28 June 2016
    Type:
    Law reports

    The Employment Appeal Tribunal (EAT) has held that the "Acas code of practice on disciplinary and grievance procedures" does not extend to dismissals on the ground of ill health.

  • Unfair dismissal: Employee exaggerating effects of injury was fairly dismissed

    Date:
    28 June 2016
    Type:
    Law reports

    In Metroline West Ltd v Ajaj; Ajaj v Metroline West Ltd EAT/0185/15 & EAT/0295/15, the EAT held that an employment tribunal erred in concluding that an employee was unfairly and wrongfully dismissed where the tribunal had wrongly substituted its view that the employee had not been capable of performing his role for the employer's actual reason for dismissal, which was the employee's dishonesty.

  • No libel in email stating employee dismissed for gross misconduct

    Date:
    21 June 2016
    Type:
    Law reports

    The High Court has held that an employer's email to its clients advising that a named employee had been dismissed for gross misconduct was not defamatory. The employer had a defence to libel because the statement was substantially true.

  • Forms of termination

    Type:
    Employment law manual

    Updated to include information on Private Medicine Intermediaries Ltd v Hodkinson and others, in which the EAT upheld the finding of constructive dismissal in circumstances where the employer had raised performance concerns with an employee on sick leave.

  • Fair dismissal for use of racist term heard by white colleagues only

    Date:
    8 June 2016
    Type:
    Law reports

    An employment tribunal has held that an employer fairly dismissed an employee for using a racist term in the presence of white colleagues. The tribunal was unimpressed with the claimant's arguments that he did not realise anyone was listening, did not intend to offend, and the word is "street talk" where he lives.