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Unfair Dismissal

Health Alert (Australia) 27 June 2017

by DLA Piper on

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: 22 June 2017 - Dorris Maharaj v Northern Health [2017] FWC 2997 - Application for relief from unfair dismissal – dismissal harsh,...more

Mobility clauses in employment contracts: Reasonableness is key

by Dentons on

The Employment Appeal Tribunal (EAT), in the case of Kellogg Brown & Root (UK) Ltd. v (1) Fitton and (2) Ewer, examined in detail reliance by an employer on a “mobility clause” in an employment contract in circumstances where...more

Social media-related dismissal held by an Employment Tribunal to be fair

by Dentons on

In Plant v. API Microelectronics Ltd, the Employment Tribunal (ET) has held that the dismissal of a long-serving employee was fair, after she had made derogatory comments over social media about her employer. This decision...more

Redundancy exercises: A useful reminder to act reasonably

by Dentons on

The Employment Appeal Tribunal’s (EAT) decision in Green v London Borough of Barking and Dagenham serves as a useful reminder for employers to act reasonably at every stage of the redundancy process. This includes throughout...more

Unfair Dismissal Jurisdiction Available to High-Earning Employee

by K&L Gates LLP on

A recent decision of the Fair Work Commission (FWC) serves as a timely reminder to employers that employees earning over the high income threshold aren't necessarily excluded from the unfair dismissal jurisdiction. There are...more

Reasonableness Threshold for Dismissal for Some Other Substantial Reason

by Faegre Baker Daniels on

In Ssekisonge v Barts Health NHS Trust [2017] UKEAT 0133_16_0203, the Employment Appeal Tribunal (EAT) considered the applicable threshold for determining reasonableness where a dismissal is for some other substantial reason...more

SOSR – A low threshold for a fair dismissal?

by Dentons on

Of the five fair reasons for dismissal, ‘some other substantial reason’ (SOSR) is often viewed as a ‘catch all’ justification for dismissal. It does not give an employer freedom to dismiss for an irrelevant or trivial reason....more

Focus on indirect sex discrimination and part-time workers

by Dentons on

The recent case of Fidessa Plc v. Lancaster looked at two key issues relating to an unfair dismissal claim: - Whether an employer had engaged in indirect sex discrimination during a role re-organisation and failed to...more

Its all change in employment law in April…

by Dentons on

April is a key month for employment law changes and this April is no different. 6 April is “D-Day” for a number of significant changes. By way of reminder...more

Third Circuit Endorses Title IX and Title VII Claims of Medical Resident

by Proskauer Rose LLP on

Should a medical resident alleging sexual harassment and retaliation be treated as: (i) an employee who can seek relief under Title VII; (ii) a student who can seek relief under Title IX; or (iii) both? And if the answer is...more

Increase in UK Employment Compensation Limits

by Dechert LLP on

The maximum compensation that the Employment Tribunal can award for “ordinary” unfair dismissal claims will increase from 6 April 2017, as will the weekly wage figure for calculating an employee's entitlement to a statutory...more

Focus on unfair dismissal

by Dentons on

Disciplinary warnings - We previously brought to your attention in our October 2016 newsletter the case of Trye v. UKME (UK Mission Enterprise Ltd). This looked at the extent to which an employer can take prior warnings...more

Is dismissal for showing an 18-rated film to pupils disability discrimination where an employer does not know the employee's...

by Dentons on

This difficult question arose in City of York Council v. Grosset UKEAT/0015/16. Mr Grosset, a teacher and head of English at a school ran by City of York Council, suffered from cystic fibrosis. He was disabled within the...more

Industrial safety specialist properly fired for lying on security application

by Dentons on

An Ontario judge has decided that Atomic Energy of Canada Limited had just cause to dismiss an industrial safety specialist who misrepresented his employment history in a security application. ...more

Can Expired Warnings Be Taken Into Account When Deciding Whether to Dismiss?

by Faegre Baker Daniels on

In Stratford v Auto Trail VR Ltd UKEAT/0116/16, the Employment Appeal Tribunal (EAT) considered whether an employer could take into account expired warnings when deciding whether to dismiss an employee. Mr Stratford held...more

Perry’s Motor Sales Ltd v. Edwards

by Dentons on

This case involved a Claimant that had been dismissed for gross misconduct taken together with an existing final written warning. The misconduct (on both occasions) was in relation to invoicing issues with the latter incident...more

Insight: UK Employment Law Round-up – December 2016

by Dentons on

Welcome to the December edition of our employment law round-up. In this edition, we couldn't fail to give you an update on the most important piece of constitutional litigation of our time, which has been heard by the Supreme...more

A wealth of recent unfair dismissal decisions

by Dentons on

Seasonal businesses can have a tough time if they try to sell ice cream in the UK in the winter or turkeys in the middle of summer. Conversely, when seasonal businesses are at peak time, employees and businesses are faced...more

Unfair Dismissal and Appropriateness of Final Written Warning

by Faegre Baker Daniels on

In Bandara v British Broadcasting Corporation UKEAT/2016/0335/15/JOJ, the Employment Appeal Tribunal (EAT) considered the fairness of a dismissal where the employer had relied on a previous final written warning which was...more

Domestic staff and unfair dismissal: lessons learnt

by Dentons on

While everyone hopes the employer/employee relationship will continue without a hitch, issues can of course occur. In these situations, it is best to have clear roles and responsibilities set out for each party so it is easy...more

A Month in UK Employment Law - November 2016

by Proskauer Rose LLP on

Taxation of termination payments draft legislation published - At present, in certain circumstances the first £30,000 of a termination payment is exempt from income tax and national insurance ("NIC"). However, there have...more

Can an ACAS Early Conciliation certificate cover a claim which has not arisen before the date of the certificate?

by Dentons on

In the recent case of Compass Group UK & Ireland Ltd v. Morgan UKEAT 0060_16, the EAT clarified the scope of matters that can be covered by a single early conciliation period when an employee's resignation, and later claim...more

CVs: the whole truth?

by Reed Smith on

At the start of July, in just one of the ever stranger twists and turns taken by the UK’s main political parties this summer, Andrea Leadsom was caught in a storm of questions about the true nature of her 25-year track record...more

Does the ACAS Code Apply to SOSR Dismissals?

by Faegre Baker Daniels on

In Phoenix House Ltd v Stockman UKEAT/0264/15, the Employment Appeal Tribunal (EAT) considered whether the ACAS Code of Practice on Disciplinary and Grievance Procedures (Code) applies to dismissals for “some other...more

UK Employment Law Round Up - August 2016 | Volume 1 - Issue 8

by Dentons on

In this month's issue we consider the case of Dronsfield v. University of Reading, in particular the EAT's observations in that case about how disciplinary investigations should be conducted and the role of HR in finalising...more

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