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