UK: employers at risk of paying more than statutory cap on unfair dismissal compensatory awards in some cases

Employers face paying more than the statutory cap for unfair dismissal compensation in some cases, following a ruling of the Scottish EAT in Dafiaghor-Olomu v Community Integrated Care.   The statutory cap on unfair dismissal compensatory awards (the lower of 52 weeks’ pay and, currently, £93,878) applies to the overall assessment of compensation after ‘taking into … Read more

UK: dismissal for refusal to formally progress multiple grievances could be fair

Employers should tread carefully where an employee raises a grievance but is unwilling to progress it formally.  This can be understandable and not uncommon in relation to bullying or harassment allegations, and sensitivity is required in handling such cases.  However, in other contexts, it may well be unreasonable for an employee to raise numerous complaints … Read more

UK: failure to offer appeal against redundancy/SOSR dismissals is not inevitably unfair

The statutory Acas Code of Practice on Disciplinary and Grievance Procedures requires employers to offer employees a right of appeal for misconduct or poor performance dismissals;  a failure to do so will render the dismissal unfair in addition to potentially increasing the compensation awarded.   The fact that the Code expressly does not apply to redundancy, … Read more