Unfair Dismissal

News & Analysis as of

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

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

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

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...

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

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?

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

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

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

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

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

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

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?

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?

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?

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

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

Sentences in H1 2016

Transfer of former contractors´ employees to new subcontractor under the applicable collective bargaining agreement. Exemption of liability of new subcontractor on the salary debts of the previous contractor (Judgement of the...more

Recent case law on the scope of the ACAS Code

The scope of the ACAS Code of Practice on Disciplinary and Grievance Procedures (the Code) has been narrowed following two recent claims concerning ill health and some other substantial reason (SOSR) dismissals. If the Code...more

Protected conversations and admissibility as evidence

It is commonplace for employers to enter into settlement negotiations with their employees prior to termination of their employment. Where there is a genuine dispute at the heart of the negotiations, it is well established...more

German Employee's Dismissal at U.S. Regulator's Behest Ruled Invalid

On July 13, 2016, the Frankfurt Higher Labor Court held the dismissal of an employee in response to demands by the New York State Department of Financial Services (NYDFS) was invalid. (Frankfurt Labor Court, 18 Sa 1498/15)....more

No Cause? No Dismissal: SCC Confirms Federally Regulated Employees Entitled to Enhanced Protection

The Supreme Court of Canada (SCC) has finally settled the highly contested question of whether federally regulated non-unionized employees can be dismissed without cause. In Wilson v. Atomic Energy of Canada Ltd. (Wilson),...more

Reinstatement Following Dismissal

In McBride v Scottish Police Authority [2016] UKSC 27, the Supreme Court considered whether an Employment Tribunal had been wrong to order the reinstatement of an employee on restricted duties. The Employment Tribunal...more

Up We Go Again – Financial Threshold Increases Effective 1 July 2016

Employers should be alert to the threshold changes which come into effect on Friday 1 July 2016 when the 2016/17 financial year commences in Australia. Below we provide a summary of the changes and what they mean in...more

Brexit: The Consequences for UK Employment Law

On 23 June 2016 the people of Britain voted in favour of leaving the European Union – the so-called "Brexit." The result has created uncertainty and speculation as to the implications of Brexit and what happens next. As...more

EAT Decision Sheds New Light on Scope of ACAS Code on Ill Health Dismissals

In the recent case of Holmes v Qinetiq Ltd, the Employment Appeal Tribunal (“EAT”) considered for the first time whether the power to increase or decrease an award of compensation for a failure to comply with the ACAS Code of...more

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