The Court of Appeal has held that, for there to be an automatic unfair dismissal under TUPE, there does not need to have been a particular transfer or transferee in existence or in contemplation at the time of the dismissal.
As this case shows, employees with less than one year's service can still claim unfair dismissal if the principal reason for their dismissal is that they accompanied, or sought to accompany, colleagues at disciplinary or grievance hearings.
In this case, the industrial tribunal in Northern Ireland described a small employer's decision to dismiss a young worker to avoid having to increase her pay from £4.00 to the national minimum wage rate of £4.92, when she reached the age of 18, as "callous".
The Employment Appeal Tribunal has upheld the employment tribunal decision that a former NHS trust chief executive was automatically unfairly dismissed for making a protected disclosure.
This article summarises the main issues and outcomes in five employment tribunal cases that involve whistleblowing.
The Employment Appeal Tribunal has held that an employee who was dismissed for refusing to work because of health and safety concerns, even though his employer genuinely believed that there was no danger, could be automatically unfairly dismissed.
This case involves an employee whose unfair dismissal was due to her asserting statutory rights regarding her pay.
The Employment Appeal Tribunal has held that, for a dismissal to be automatically unfair under TUPE, it is not necessary for the transferor to have identified an actual prospective transferee at the time of the dismissal.
Employees are protected against detriment and dismissal for taking time off for dependants, as the employer in this case found to its cost.
HR and legal information and guidance relating to automatically unfair dismissals.