A table setting out the automatically unfair reasons for dismissal.
Information on the employment implications of health and safety laws, including express and implied contractual terms, employees who are subjected to a detriment for health and safety reasons or dismissed for the assertion of a statutory right, medical suspension, and conflict between health and safety laws and laws to prevent discrimination.
The Employment Appeal Tribunal has held that the tribunal was correct to find that the respondent did not have an economic, technical or organisational (ETO) defence in respect of the two claimants, who were dismissed as a result of harmonisation following a post-TUPE transfer redundancy process.
In this case, the employment tribunal found that a worker, who had refused to work more than 48 hours per week, was automatically unfairly dismissed by his employer.
In R&R Plant (Peterborough) Ltd v Bailey  IRLR 503 CA, the Court of Appeal held that the employer's notice of its intention to retire the employee did not comply with the (now repealed) statutory retirement procedures with regard to informing the employee of the right to request to continue working beyond retirement age.
The Employment Appeal Tribunal has held that two claimants did not fail to mitigate their losses when they refused to accept self-employed terms offered by a transferee that refused to recognise the continuation of their employment under TUPE.
A model contract clause setting out the position for employees on leave for jury service.
A model policy setting out rules for employees on leave for jury service.
In Meter U Ltd v Ackroyd and others; Meter U Ltd v Hardy and others  IRLR 367 EAT, the EAT held that the dismissal of staff who refused to become franchisees following a transfer was capable of being for an ETO reason. Genuine franchisees were not employees, so the requirement for "changes in the workforce" was met provided that the new arrangement was not a sham.
HR and legal information and guidance relating to automatically unfair dismissals.