Tag Archives: unfair dismissal

Malaysia: Reinstatement Must be Sought by Employees in Unfair Dismissal Claims

A recent decision of the Industrial Court of Malaysia has confirmed the position that in a claim for unfair dismissal, the primary remedy is reinstatement. If an employee does not seek reinstatement, the court has no further jurisdiction over the … Continue reading

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Filed under Jurisdiction: Asia, Termination of employment

UK: April 2018 changes to statutory benefits, tribunal compensation, minimum wage

From 6 April 2018, the cap on the unfair dismissal compensatory award increases from £80,541 to £83,682 and the cap on weekly pay (used to calculate the unfair dismissal basic award and statutory redundancy pay) increases from £489 to £508. This gives … Continue reading

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Filed under Jurisdiction: UK, Termination of employment, Workplace flexibility and family-friendly rights

UK: Unfair dismissal rulings on reasonable responses test, bumping, and egregious breaches

An employee’s refusal to accept that they have breached their duties is relevant to whether dismissal is within the range of reasonable responses for unfair dismissal purposes. In Reilly v Sandwell Metropolitan Borough Council, the Supreme Court ruled that it … Continue reading

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Filed under Jurisdiction: UK, Redundancy, Termination of employment

UK: dismissal for failure to produce right to work documents could be unfair

The EAT decision in Baker v Abellio London UK serves as a reminder that it is not a statutory requirement for an employer to obtain right to work documents from its employees (the production of such documents only provides a … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

UK: over-thorough investigation did not render dismissal unfair

In NHS 24 v Pillar, the EAT has ruled that an over-thorough investigation will not of itself render a dismissal unfair.  It is for the decision-maker to decide what is relevant to their decision, and it is their state of … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

France: The Loi Travail – Briefing 1

This is the first of our detailed briefings in relation to the Macron labour law reforms and will cover the subject of caps on tribunal damages. Budgeting for a dismissal? This is one of the reforms which has generated the … Continue reading

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Filed under Jurisdiction: France, Termination of employment

UK: Compensation awards could increase following change in calculation of a week’s pay

The EAT in University of Sunderland v Drossou has decided that, contrary to previous practice, employer pension contributions should be included in the calculation of a week’s pay. This will increase the value of awards, in particular where the full … Continue reading

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Filed under Jurisdiction: UK, Remuneration (including bonus and incentive plans)

Hong Kong: Legislative Council to consider reinstatement remedy for unfair dismissal claims

On 25 April 2017, the Employment (Amendment) Bill 2017 was introduced for first reading in the Legislative Council. This Bill follows a similar Bill proposed in 2016 and if passed, will strengthen the Labour Tribunal’s power to make an order … Continue reading

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Filed under Jurisdiction: Asia, Termination of employment

UK: Unfair dismissal – poor attitude towards organisational change could justify gross misconduct dismissal

The Court of Appeal has upheld a tribunal ruling that deliberate resistance by a manager asked to implement organisational change was gross misconduct. Given her senior position, the manager's failure to cooperate with, support or lead a change, on the … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

UK: Redundancy – EAT rules on approach to suitable alternatives

Employers considering withholding a statutory redundancy payment, on the ground that they have offered a suitable alternative job which has been refused, should encourage employees to disclose any reasons they have for rejecting the alternative offered prior to a final … Continue reading

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Filed under Jurisdiction: UK, Redundancy