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- Type:
- Contract clauses
A model contract clause regarding third-party pressure to dismiss for use when drafting the terms and conditions of employment of an employee who works on the site of a third party.
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- Date:
- 1 July 2012
- Type:
- Employment law cases
Georgina Kyriacou and David Malamatenios are partners and Sandra Martins, Colin Makin and Krishna Santra are associates at Colman Coyle Solicitors. They round up the latest rulings.
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- Date:
- 15 December 2011
- Type:
- Employment law cases
In this case, the employer failed to meet its legal obligations to an employee who was a reservist returning from deployment in Afghanistan. The case was complicated by the fact that it was a client's refusal to have the employee back on site that resulted in his dismissal.
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- Date:
- 24 March 2011
- Type:
- Employment law cases
The Employment Appeal Tribunal has held that, where an employee is dismissed primarily because of a breakdown in trust and confidence rather than conduct, the employer's contractual disciplinary procedures will not apply.
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- Date:
- 14 October 2009
- Type:
- Employment law cases
The Employment Appeal Tribunal has held that an employer fairly dismissed an employee when a client refused to have him carry out work for it.
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- Type:
- Letters and forms
A model letter to dismiss an employee for some other substantial reason, on account of pressure from a customer, client or other third party.
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- Date:
- 29 January 2008
- Type:
- Employment law cases
In Klusova v London Borough of Hounslow [2007] EWCA Civ 1127, the Court of Appeal upheld a finding of unfair dismissal in the case of an employee who was dismissed on the grounds that she was no longer entitled to work in the UK. There was evidence to support the tribunal's finding that the employee was, in fact, legally entitled to work in the UK at the time of her dismissal. While the employer's mistaken belief about her immigration status was capable of amounting to "some other substantial reason" for dismissal, the fact that the employer had failed to follow the statutory dismissal procedure rendered the dismissal automatically unfair.
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- Date:
- 12 November 2007
- Type:
- Employment law cases
The EAT in Greenwood v Whiteghyll Plastics Ltd EAT/0219/07 held that, although third-party pressure can constitute "some other substantial reason" justifying dismissal, when dismissing an employee in response to complaints from a major client, the employer was not entitled to disregard the issue of injustice caused to the employee.
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- Date:
- 17 February 2006
- Type:
- Employment law cases
In Gover and others v Propertycare Ltd, the EAT holds that, in an unfair dismissal case, a Polkey reduction may be applied to the compensatory award if the employment tribunal can sensibly reconstruct the world as it would have been had the unfairness not occurred, and forms a view that the employee would have been dismissed in any case.
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- Date:
- 2 December 2005
- Type:
- Employment law cases
In Perkin v St George's Healthcare NHS Trust, the Court of Appeal holds that an employment tribunal was entitled to make a 100% reduction to the compensation of a senior executive whose dismissal was procedurally unfair, on the basis that his conduct at the disciplinary hearing was such that it destroyed any possibility of him working with senior colleagues in the future.