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Unfair dismissal

New and updated

  • Date:
    10 May 2019
    Type:
    Employment law cases

    Social media misconduct: Dismissal without notice pay leads to wrongful dismissal

    In Atherton v Bensons Vending Ltd, an employment tribunal held that a small employer fairly dismissed an employee who made a personal attack on the managing director on Facebook. However, the claimant's wrongful dismissal was upheld because the employer could not show that his behaviour was so serious that it was entitled to dismiss him without notice pay.

  • Date:
    4 April 2019
    Type:
    Employment law cases

    Unfair dismissal: EAT considers seriousness of fire safety breach

    In Wilko Retail Ltd v Gaskell and another, the Employment Appeal Tribunal (EAT) held that an employment tribunal applied the wrong approach when assessing the reasonableness of the employer's decision to dismiss two employees for breaching its signing in and out policy.

  • Date:
    26 March 2019
    Type:
    Employment law cases

    Social media misconduct: Snapchat posts increased tiger kidnapping risk

    In Elliott v RMS Cash Solutions Ltd, a Northern Ireland tribunal held that a cash transit firm fairly dismissed an employee whose Snapchat posts revealed a colleague's personal details. The posts increased the risk of "tiger kidnapping", which involves staff or their families being kidnapped to force staff to help commit a crime.

  • Date:
    5 March 2019
    Type:
    Employment law cases

    TUPE: Dismissal prior to transfer for reasons "personal" to employee was unfair

    In Hare Wines Ltd v Kaur and another, the Court of Appeal upheld the tribunal's decision that the employee's dismissal was automatically unfair by reason of a TUPE transfer because the employer had not taken action to resolve her poor working relationships prior to the transfer, but did so by dismissing her at the time of the transfer.

  • Date:
    10 January 2019
    Type:
    Employment law cases

    Dismissal for urinating in loading yard was unfair and something arising from disability

    In Asda Stores Ltd v Raymond, the Employment Appeal Tribunal (EAT) upheld the tribunal decision that the employer's failure to conduct a reasonable investigation and to take reasonable care during the disciplinary process made the employee's dismissal unfair. The EAT also upheld the tribunal's ruling that his dismissal arose from his disability.

  • Date:
    23 November 2018
    Type:
    Employment law cases

    Redundancy: Failure to fulfil contractual obligation to offer trial period for alternative role

    In George v London Borough of Brent, the Employment Appeal Tribunal (EAT) held that the employer's failure to comply with a contractual obligation to offer a redundant employee a trial period for a possible alternative role was likely to render the dismissal unfair.

  • Date:
    18 October 2018
    Type:
    Employment law cases

    Dismissal for some other substantial reason was fair despite no warning

    In Hawkes v Ausin Group (UK) Ltd, the Employment Appeal Tribunal (EAT) held that the employer's failure to hold a meeting with a reservist employee, before making the decision to dismiss, did not make the dismissal for some other substantial reason unfair.

  • Date:
    19 September 2018
    Type:
    Employment law cases

    Notice to department did not constitute resignation from employer

    In East Kent Hospitals University NHS Foundation Trust v Levy, the Employment Appeal Tribunal (EAT) held that an employee's letter of notice to her department did not amount to a resignation from the respondent's employment because the wording used was ambiguous.

  • Date:
    24 August 2018
    Type:
    Employment law cases

    EAT remits flawed tribunal decision that pub worker was fairly dismissed for "theft"

    In Dibble v Falzon and Falzon t/a The Anne Arms, the Employment Appeal Tribunal (EAT) found that there were fundamental flaws in a tribunal decision that a pub worker was fairly dismissed over CCTV footage of her taking money out of a bar till.

  • Date:
    15 August 2018
    Type:
    Employment law cases

    Unfair dismissal: Refusal to postpone disciplinary hearing when chosen companion unavailable

    In Talon Engineering Ltd v Smith, the Employment Appeal Tribunal (EAT) held that an employer's refusal to postpone a disciplinary hearing for two weeks to allow the employee's union official to accompany her made her dismissal unfair.