General fairness of dismissal

New and updated

  • Unfair dismissal: decision-maker decides how conduct is ultimately categorised

    Date:
    20 April 2017
    Type:
    Law reports

    The Court of Appeal has held that the employer was not required to match each category of gross misconduct to each allegation and that how the conduct was eventually categorised was a matter for the decision-maker after all the evidence had been adduced.

  • Unfair dismissal

    Type:
    Employment law manual

    Updated to include the increase in compensation limits in cases of unfair dismissal, effective from 6 April 2017.

  • Long-term sickness absence: dismissal was disproportionate and unreasonable

    Date:
    21 March 2017
    Type:
    Law reports

    The Court of Appeal has held that an employer's decision to disregard new medical evidence and dismiss an employee on long-term sickness absence amounted to discrimination arising from disability and unfair dismissal.

  • Failure to consider surrounding circumstances made dismissal for physical violence unfair

    Date:
    13 January 2017
    Type:
    Law reports

    The Employment Appeal Tribunal (EAT) has held that the dismissal of an employee for physical violence was unfair because the employer failed to have regard to all the surrounding circumstances and the employee's exemplary disciplinary record over 42 years' service.

  • Unfair dismissal: Procedural defects cured by internal appeal

    Date:
    1 January 2017
    Type:
    Law reports

    In Khan v Stripestar Ltd EAT/0022/15, the EAT held that an employment tribunal was entitled to find that a dismissal was fair despite a wholly defective and unfair initial disciplinary hearing, because the subsequent internal appeal cured the defects earlier in the process.

  • 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.

  • Date:
    1 September 2016
    Type:
    Legal guidance

    A recent case has caused uncertainty about the HR role in disciplinary procedures. HR should certainly not be judge, jury and hangman, writes John Charlton.

  • Case round-up

    Date:
    1 September 2016
    Type:
    Law reports

    Chris Cook is partner and head of employment and Keely Rushmore is senior associate at SA Law. They round up the latest rulings.

  • Dismissal of baker for not washing hands was fair

    Date:
    28 July 2016
    Type:
    Law reports

    An employment tribunal has held that an experienced employee should have appreciated the seriousness of breaching his employer's hygiene rules and it was appropriate for the employer to dismiss him.

  • Unfair dismissal: no limit on defects cured by fair appeal

    Date:
    21 July 2016
    Type:
    Law reports

    The Employment Appeal Tribunal (EAT) has held that there are no limitations on the nature and extent of the deficiencies in a first stage disciplinary procedure that can be cured by a thorough and effective appeal.

About this topic

HR and legal information and guidance relating to the general fairness of a dismissal.