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Unfair dismissal

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EAT considers reasonableness of final written warning on fairness of dismissal

By admin
  • COVID-19
  • Job Retention Scheme
  • Redundancy and business reorganisation
  • Termination
  • Tribunal claims
  • Unfair dismissal

When is it reasonable to dismiss rather than to furlough?

By Laura Morrison
  • COVID-19
  • Unfair dismissal

COVID-19: dismissal for refusing to agree variation to employment contract is unfair

By Helena Rozman
  • COVID-19
  • 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.

By Kate Coppack
  • General
  • Redundancy and business reorganisation
  • Unfair dismissal

Can unguaranteed work constitute alternative employment in redundancy situations?

By Helena Rozman
  • Employment contracts
  • Unfair dismissal

EAT confirms “unofficial” work prior to formal start date may not count towards a period of continuous employment

By UK People Reward and Mobility Team
  • Compensation
  • Pay, benefits and bonuses
  • Redundancy payments
  • Unfair dismissal

Government announces increase in maximum weekly pay and compensatory award

By Claire Maclean
  • Termination
  • Unfair dismissal

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 […]

By Victoria Albon
  • Discrimination
  • Employee benefits
  • Employment contracts
  • Pay, benefits and bonuses
  • Sickness absence
  • Unfair dismissal

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 […]

By Laura Morrison
  • Unfair dismissal

Does giving notice amount to an unambiguous act of resignation from employment?

An employee giving notice does not necessarily amount to an unambiguous act of resignation from employment, the Employment Appeal Tribunal found in East Kent Hospitals University NHS Foundation Trust v Levy.

By UK People Reward and Mobility Team
  • Termination
  • Unfair dismissal
  • Whistleblowing

Kilraine v London Borough of Wandsworth [2018]

A recent case has considered the issue of what amounts to a protected disclosure. In Kilraine v. London Borough of Wandsworth [2018], the Court of Appeal guided Employment Tribunals in such cases to focus on determining whether there was a "protected disclosure" and whether the disclosed information, showed or tended to show that one or more of the six specified types of malpractice had taken place or was likely to take place – for example a breach of a legal obligation.

By Verity Buckingham
  • Dispute resolution
  • Employee welfare
  • Sickness absence
  • Unfair dismissal

'Egregiously unfair' dismissal costs employer £30,000

The employer, Michelin, dismissed their employee who was signed off with stress.

By Victoria Albon

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