Tag Archives: unfair dismissal

UK: Employers may need to go further than strict compliance with the statutory right to a companion to ensure fairness

Employees have a statutory right to be accompanied to a disciplinary or grievance hearing by their chosen companion and, if that companion is unavailable on the date set, to have the hearing postponed by 5 working days. A failure to … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

UK: poor communication of successful appeal could itself amount to constructive dismissal

The Court of Appeal in Patel v Folkestone Nursing Home Ltd has confirmed that where an employee’s internal appeal against dismissal is successful, the effect will be to reinstate the employee with retrospective effect. The earlier dismissal will ‘vanish’ without … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

UK: Care needed over dismissal timing when employee approaching two years’ service

The EAT has confirmed for the first time that an employee dismissed for gross misconduct in the week prior to accruing two years’ service will not gain unfair dismissal protection provided that the tribunal agrees that they have indeed committed … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

UK: dismissal of trade union representative for misuse of confidential information automatically unfair

The Court of Appeal has ruled that the protection against unfair dismissal for taking part in trade union activities should be interpreted broadly and will not necessarily fall away where the activity involves misconduct. In Morris v Metrolink a trade … Continue reading

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Filed under Industrial/workplace relations, collective bargaining, works councils, Jurisdiction: UK, Protection of business interests (including restrictive covenants and confidential information), Termination of employment

UK: employers should offer internal appeal against dismissal

The case of Afzal v East London Pizza Ltd t/a Dominos Pizza highlights the importance of offering a right of appeal against dismissal. In that case the employer was justified in urgently dismissing an employee for failure to provide evidence … Continue reading

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Filed under Jurisdiction: UK, Termination of employment

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