Fairness of reason for dismissal

Latest items in Fairness of reason for dismissal

  • Date:
    1 December 2016
    Type:
    Legal guidance

    What were the most significant employment case law decisions in 2016? Stephen Simpson counts down the 10 most important judgments for employers this year.

  • Can an "insensitive" redundancy consultation lead to unfair dismissal?

    Date:
    22 November 2016
    Type:
    Editor's choice

    Can a cold, unsympathetic approach to consulting with an employee on his or her potential redundancy ultimately result in an unfair dismissal? That was the quandary for the EAT in Thomas v BNP Paribas Real Estate Advisory and Property Management UK Ltd.

  • "Insensitive" redundancy consultation can make dismissal unfair, suggests EAT

    Date:
    22 November 2016
    Type:
    Law reports

    The Employment Appeal Tribunal (EAT) has held that an employment tribunal failed to consider whether or not the "perfunctory" and "insensitive" nature of a long-serving employee's redundancy consultation made his dismissal unfair.

  • EAT gives guidance on manifestly inappropriate warnings

    Date:
    18 November 2016
    Type:
    Editor's choice

    In Bandara v British Broadcasting Corporation, the EAT considered whether or not the tribunal had been entitled to find a final written was manifestly inappropriate, and whether or not the tribunal had addressed this finding correctly when deciding that the dismissal was unfair.

  • Unfair dismissal: impact of "manifestly inappropriate" warning on decision to dismiss

    Date:
    17 November 2016
    Type:
    Law reports

    The Employment Appeal Tribunal (EAT) has held that where an employee is dismissed for misconduct following an earlier warning that the tribunal has found to be manifestly inappropriate, the tribunal must examine the weight the employer attached to that warning in deciding whether or not the decision to dismiss was within the range of reasonable responses.

  • Fair dismissal for not providing evidence of right to work in UK

    Date:
    14 November 2016
    Type:
    Editor's choice

    The employment tribunal in Baker v Abellio London Ltd held that the employer fairly dismissed an employee who did not obtain evidence of his right to work in the UK.

  • Dismissal of employee with no evidence of right to work in UK was fair

    Date:
    11 November 2016
    Type:
    Law reports

    An employment tribunal has held that the employer fairly dismissed an employee who failed to produce evidence of his right to work in the UK.

  • Fair dismissal of employee who refused to work extra hours before Christmas

    Date:
    7 November 2016
    Type:
    Law reports

    This employment tribunal held that an employer fairly dismissed an employee who refused to do overtime as required under her contract of employment and whose protests at being asked to do so caused discontent among her fellow workers.

  • Can an employee be disciplined for refusing to work overtime?

    Date:
    7 November 2016
    Type:
    Editor's choice

    An employee's contract states that she must work extra hours if needed. The employer asks everyone to work some Saturdays in the run up to Christmas. The employee flatly refuses. Should she be disciplined? That was the dilemma in Edwards v Bramble Foods Ltd.

  • Unfair dismissal

    Type:
    Employment law manual

    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.

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HR and legal information and guidance relating to the fairness of the reason for dismissal.