Editor's message: An employee has the right not to be unfairly dismissed by his or her employer under s.94 of the Employment Rights Act 1996 (provided that the qualifying conditions are met).
If a claim for unfair dismissal is brought, the employer has to establish that the reason for the dismissal is one of the reasons set out in the statute. If this test is met, the employment tribunal will consider whether or not the dismissal was fair in all the circumstances. If the dismissal is found to be unfair, the tribunal will order the employer to re-engage or reinstate the employee, or to pay compensation.
A tribunal that upholds a complaint by an employee in a situation where the Acas code of practice on disciplinary and grievance procedures is relevant and finds that either side unreasonably failed to comply with one or more of its requirements, can adjust compensation by up to 25%.
Ashok Kanani, Employment law editor
Updated to include information on Khan v Stripestar Ltd, in which the EAT considered the extent to which a defective disciplinary process can be cured through an appeal; and Grayson v Paycare concerning the correct approach to a Polkey reduction.
In this week's feature-length podcast, we are joined by special guests Nicky Stibbs and Max Winthrop to discuss some common areas of concern around the termination of employment.
David Malamatenios is partner at Colman Coyle solicitors. He rounds up the latest rulings.
XpertHR's Quick reference tool has been updated following the publication of the latest annual tribunal statistics.
Updated to include information on the Advocate General's opinion in Parris v Trinity College Dublin and others, concerning a same-sex partner's entitlement to a survivor's pension.
A table listing the unfair dismissal awards made by employment tribunals in 2015/16.
Practical guidance on dealing with the situation in which an employee no longer has the right to work in the UK, including guidance on avoiding illegal working, fair dismissal, the 28-day grace period and the Home Office employer checking service.
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.
Chris Cook is partner and head of employment and Keely Rushmore is senior associate at SA Law. They round up the latest rulings.
HR and legal information and guidance relating to unfair dismissal.