Topics

Capability or qualifications dismissals

New and updated

  • Date:
    1 November 1978
    Type:
    Law reports

    Sutton & Gates (Luton) Ltd v Boxall

    In Sutton & Gates (Luton) Ltd v Boxall [1978] IRLR 486 EAT, the EAT held that the Industrial Tribunal had not erred in holding that the respondent employee's dismissal on grounds of lack of capability was unfair because he had not been given an opportunity to offer an explanation for his poor performance.

  • Date:
    15 August 1977
    Type:
    Law reports

    Unfair dismissal: Failure to follow a correct procedure

    In Mansfield Hosiery Mills Lid v Bromley, the EAT emphasises that it is only in exceptional cases that a failure to follow a correct procedure will not result in a finding of unfair dismissal.

  • Date:
    1 May 1977
    Type:
    Law reports

    The Post Office v PA Mughal

    In Post Office v PA Mughal [1977] IRLR 178 EAT, the EAT established that the general test of fairness in dismissing a probationary employee is whether the employer took reasonable steps to maintain appraisal of the probationer throughout the probationary period, giving guidance by advice or warning, and whether an honest effort was made to determine whether he or she came up to the required standard.

  • Date:
    1 May 1977
    Type:
    Law reports

    East Lindsey District Council v G E Daubney

    In East Lindsey District Council v G E Daubney [1977] IRLR 181 EAT, the EAT held that a failure to investigate an employee's medical condition and prognosis prior to dismissal for capability would normally result in unfair dismissal.