Fairness of reason for dismissal

New and updated

  • Acas code does not extend to dismissal for breakdown in working relationships

    Date:
    29 June 2016
    Type:
    Law reports

    The Employment Appeal Tribunal (EAT) has held that the "Acas code of practice on disciplinary and grievance procedures" does not apply to dismissals for some other substantial reason (SOSR) due to a breakdown in working relationships.

  • Unfair dismissal: Employee exaggerating effects of injury was fairly dismissed

    Date:
    28 June 2016
    Type:
    Law reports

    In Metroline West Ltd v Ajaj; Ajaj v Metroline West Ltd EAT/0185/15 & EAT/0295/15, the EAT held that an employment tribunal erred in concluding that an employee was unfairly and wrongfully dismissed where the tribunal had wrongly substituted its view that the employee had not been capable of performing his role for the employer's actual reason for dismissal, which was the employee's dishonesty.

  • Acas code on discipline and grievance does not apply to ill-health dismissals

    Date:
    28 June 2016
    Type:
    Law reports

    The Employment Appeal Tribunal (EAT) has held that the "Acas code of practice on disciplinary and grievance procedures" does not extend to dismissals on the ground of ill health.

  • Fair dismissal for use of racist term heard by white colleagues only

    Date:
    8 June 2016
    Type:
    Law reports

    An employment tribunal has held that an employer fairly dismissed an employee for using a racist term in the presence of white colleagues. The tribunal was unimpressed with the claimant's arguments that he did not realise anyone was listening, did not intend to offend, and the word is "street talk" where he lives.

  • Case round-up

    Date:
    1 June 2016
    Type:
    Law reports

    Beth Staniland is a trainee solicitor, and Emma Cousins, Ciara Jenkins, Iain Naylor and Lucy Sorell are associates at Addleshaw Goddard LLP. They round up the latest rulings.

  • Unfair dismissal: manager who refused drug test should have set example

    Date:
    13 May 2016
    Type:
    Law reports

    A manager who refused to take a "for cause" drug test was fairly dismissed because his employer was entitled to expect him to set an example for other staff, according to an employment tribunal.

  • Computer misuse: password sharing was widespread, says claimant

    Date:
    7 May 2016
    Type:
    Law reports

    The Employment Appeal Tribunal (EAT) has considered the fairness of a dismissal for uploading obscene material onto a work cloud storage account, when the employee argued that password sharing was "widespread" in his workplace.

  • Unfair dismissal: Employee's dismissal was fair even though colleague received lesser sanction

    Date:
    3 May 2016
    Type:
    Law reports

    In MBNA Ltd v Jones EAT/0120/15, the EAT held that the employee was fairly dismissed despite the fact that a colleague involved in the same incident received a final written warning.

  • Case round-up

    Date:
    1 April 2016
    Type:
    Law reports

    Lauren Evans, Iain Naylor, David Rintoul, Lucy Sorell and Rachael Wake are associates at Addleshaw Goddard LLP. They round up the latest rulings.

  • Employee who "pulls a sickie" can be dismissed for misconduct

    Date:
    21 March 2016
    Type:
    Law reports

    The Employment Appeal Tribunal (EAT) has affirmed that an employee who makes up, or exaggerates the effects of, an injury or illness to take fraudulent sick leave is fundamentally breaching the implied term of trust and confidence and can be dismissed for misconduct.

About this topic

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