What were the most significant employment case law decisions in 2016? Stephen Simpson counts down the 10 most important judgments for employers this year.
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.
Updated to include a reference to illegal working closure notices and compliance orders, introduced from 1 December 2016.
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.
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.
On this week's XpertHR Weekly, we discuss "some other substantial reason" dismissals with special guest, Max Winthrop.
Capsticks Solicitors highlight some of the case law that NHS employers should take into account before referring to the loss of trust and confidence as a reason for dismissal.
An unfair dismissal tribunal case has illustrated a model response from an employer faced with a client's refusal to have an employee back on its site.
In DLA Piper's case of the week, Lund v St Edmund's School, Canterbury, the Employment Appeal Tribunal held that the Acas code of practice on disciplinary and grievance procedures should have been followed in a case where the reason for dismissal was stated to be for "some other substantial reason" (SOSR), but disciplinary proceedings ought to have been invoked.
HR and legal information and guidance relating to some other substantial reason for dismissal.