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Unfair dismissal

New and updated

  • Date:
    3 January 2020
    Type:
    Employment law cases

    Unfair dismissal: Disclosing senior executive's pay was not gross misconduct

    In Jagex Ltd v McCambridge, the Employment Appeal Tribunal held that the employee had not acted in breach of contract or committed gross misconduct when he shared pay information with a colleague, after he found a document left on a printer containing the senior executive's salary.

  • Date:
    28 November 2019
    Type:
    Employment law cases

    Whistleblowing dismissal claims: Supreme Court rules on knowledge of decision-maker

    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.

  • Date:
    19 November 2019
    Type:
    Employment law cases

    Disciplinary investigations: "Flawed" process led to constructive dismissal

    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.

  • Date:
    19 November 2019
    Type:
    Employment law cases

    Employee "blackmailed" into signing restrictive covenants was unfairly dismissed

    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.

  • Date:
    15 October 2019
    Type:
    Employment law cases

    Settlement discussions admissible in pregnancy and maternity discrimination case

    In Stolk v Hunts Foodservice Ltd and another, an employment tribunal awarded the claimant £11,028 after finding that pre-termination negotiations were admissible as evidence of pregnancy and maternity discrimination.

  • Date:
    3 October 2019
    Type:
    Employment law cases

    Working time: Threat to dismiss was unlawful detriment

    In Pazur v Lexington Catering Services Ltd, the Employment Appeal Tribunal held that a kitchen porter had been subjected to a detriment when he was threatened with dismissal after he refused to return to work following a breach of his right to a rest break.

  • Date:
    3 September 2019
    Type:
    Employment law cases

    Constructive dismissal: Suspension breached implied term of trust and confidence

    In Upton-Hansen Architects Ltd v Gyftaki, the Employment Appeal Tribunal upheld the tribunal decision that the employee's suspension was in breach of the implied term of trust and confidence. The employee was constructively dismissed and, in the absence of a potentially fair reason, the dismissal was unfair.

  • Date:
    16 August 2019
    Type:
    Employment law cases

    Unfair dismissal: Covertly recording meeting was not gross misconduct

    In Phoenix House Ltd v Stockman, the Employment Appeal Tribunal upheld the tribunal decision that the covert recording of a confidential meeting was not a breach of the implied term of trust and confidence. The EAT gave guidance on the factors that may justify such a recording.

  • Date:
    18 June 2019
    Type:
    Employment law cases

    Disability discrimination: Dismissal for poor attendance was harsh but fair

    In Kelly v Royal Mail Group Ltd, the Employment Appeal Tribunal held that a long-serving employee's dismissal for frequent absences in accordance with the employer's attendance policy was harsh but fair.

  • Date:
    21 May 2019
    Type:
    Employment law cases

    Dismissal for inappropriate religious conversations was fair, rules Court of Appeal

    In Kuteh v Dartford and Gravesham NHS Trust, the Court of Appeal held that the NHS trust fairly dismissed a Christian nurse for initiating inappropriate conversations about religion with patients in breach of a lawful management instruction.