Unfair dismissal
Can a dismissal without any procedure ever be fair?
The EAT recently decided in the case of Gallacher v Abellio ScotRail UKEATS/0027/19/SS that an employee had been fairly dismissed despite the fact that her employer chose not to follow any form of dismissal procedure.
Anonymous witness statements in disciplinary investigations
EAT confirms “unofficial” work prior to formal start date may not count towards a period of continuous employment
It is well known that employees have the right under the Employment Rights Act 1996 (ERA) not to be unfairly […]
Government announces increase in maximum weekly pay and compensatory award
What does “return to work” mean in the context of long-term disability benefits?
This was the question for the Court of Appeal in the case of ICTS (UK) Ltd v. Visram [2020] EWCA Civ 202. Mr Visram had been employed by American Airlines before his employment transferred to ICTS. His contract of employment included long-term disability benefits. The benefits were set out in a booklet, which stated that the payments would continue until the earlier date of "your return to work, death or retirement".
Investigations: getting the balance right
We are reminded by a recent decision of the Employment Appeal Tribunal (EAT) that the purpose of an investigation should […]
Employment Tribunal entitled to re-label decision to dismiss
In a recent Scottish case, the Court of Session has held that an Employment Tribunal (ET) was entitled to re-label […]
Covert recordings: "For the times they are a-changing"
Almost everyone carries around with them a recording device nowadays, in the form of a smartphone or wearable technology. Where […]
Manifesting one's beliefs vs inappropriately proselytising them – where is the line?
In Kuteh v. Dartford and Gravesham NHS Trust [2019] EWCA Civ 818 the Court of Appeal was asked to consider […]
Is it safe to dismiss an employee who is receiving long-term disability benefits?
The EAT has dealt a blow to employers, confirming that the purpose of permanent health insurance and similar schemes would […]
Disciplinary investigations: Common sense and even-handedness should prevail
In the recent Employment Tribunal (ET) case of Ball v. First Essex Bus Limited, the claimant, a 60-year-old bus driver […]