Updated to reflect that the Court of Appeal will not hear the appeal in Awan v ICTS UK Ltd because the parties reached a settlement.
Updated to include information on Royal Mail Group Ltd v Jhuti, in which the Supreme Court considered the knowledge of the decision-maker in a dismissal.
In Royal Mail Group Ltd v Jhuti, the Supreme Court held that, where a dismissal for making protected disclosures is hidden behind an invented reason that is adopted by the decision-maker, the reason for the dismissal is the hidden reason rather than the invented one.
In Herbai v Hungary, the European Court of Human Rights held that a worker's right to freedom of expression was violated when the employer dismissed him due to his involvement with a website devoted to HR issues.
Consultant editor Darren Newman considers if an employer can ever be successful in claiming that a constructive dismissal is fair in the light of two recent cases lost by employers.
In Retirement Security Ltd v Wilson, the Employment Appeal Tribunal held that the employer's "flawed" disciplinary investigation entitled the claimant to resign and successfully claim constructive dismissal.
In Ward v Fiducia Comprehensive Financial Planning Ltd, an employment tribunal upheld a claim for constructive unfair dismissal, finding that the employer had put inappropriate and excessive pressure on the employee to agree to an extended restrictive covenant following his resignation.
Updated to include information on the maximum amount of a week’s pay for the purpose of calculating statutory redundancy pay, effective from 6 April 2020.
For many employers, the end of the year can signal a time for restructure rather than celebration. Helena Wheeler, senior lawyer at ESP Law, looks at what organisations need to consider to ensure their decisions don't lead them to an employment tribunal.
With the recent collapse of Thomas Cook and other established companies in financial difficulty, such as Pizza Express and Links of London, Barry Ross looks at the plight of the workforce when companies face going under and the role of HR.
HR and legal information and guidance relating to dismissal.