This case concerns whether or not an employee, who had less than one year's service, was unfairly dismissed for making a protected disclosure.
Employees with less than one year's service can still claim unfair dismissal in certain circumstances, as the employer in this case found to its cost.
In Tao Herbs & Acupuncture Ltd v Jin EAT/1477/09, the EAT held that the employer's ability to pay is not a relevant consideration for a tribunal when calculating compensation for unfair dismissal.
A quiz for line managers to test their knowledge on the law and practice relating to whistleblowing.
A dismissal where the reason (or the principal reason) is an employee's jury service will be automatically unfair, regardless of the employee's length of service, as this case demonstrates.
Compensation for a successful whistleblowing claim is unlimited, as the employer in this case found to its cost.
This week's case of the week, provided by Thomas Eggar LLP, covers constructive dismissal following a TUPE transfer.
The Employment Appeal Tribunal has provided a reminder that employment tribunals should not take into account the employer's ability to pay when considering how much compensation to award an unfairly dismissed employee.
This case is a good example of a key issue in TUPE claims: whether or not an employee was assigned to the transferred undertaking.
HR and legal information and guidance relating to automatically unfair dismissals.