Unfair dismissal
Dismissal for refusing to wear face mask can be fair
Over the past year, face masks have become an ordinary part of life and it was only a matter of time before they became the focus of a workplace dispute. In the first such dispute to reach a tribunal, Kubilius v Kent Foods Ltd (ET/3201960/2020), an employment tribunal found that a lorry driver was dismissed fairly for his refusal to wear a face mask on a client's premises.
Covert recordings – striking the right balance when deciding to dismiss
Can unguaranteed work constitute alternative employment in redundancy situations?
EAT confirms “unofficial” work prior to formal start date may not count towards a period of continuous employment
Government announces increase in maximum weekly pay and compensatory award
What does “return to work” mean in the context of long-term disability benefits?
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 […]