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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

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

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

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

Fair Dismissal Where No Proof of Right to Work in U.K.

In Nayak v Royal Mail Group Ltd UKEATS/0011/15, the Employment Appeal Tribunal (EAT) considered whether the dismissal of an employee who had failed to provide evidence of his right to work in the U.K. was fair. Mr Nayek...more

Dismissal for "Pulling a Sickie" Was Fair

In Metroline West Ltd v Ajaj UKEAT/0185/15/RN, the Employment Appeal Tribunal (EAT) considered the fairness of a dismissal of an employee who had exaggerated his sickness. Mr Ajaj was employed as a bus driver for...more

New Tribunal Compensation Limits 2016

The annual increases in compensation will take effect on 6 April 2016. The most notable changes are as follows: - The limit on a week’s pay for the purposes of calculating statutory redundancy payments and the basic...more

Dismissal for Sharing Confidential Information Was Unfair

In Stimpson v Citibank N.A. ET/3200437/15, Mr Stimpson brought claims for unfair and wrongful dismissal after being dismissed without notice by Citibank N.A. (Citi) for an alleged breach of Citi’s policies on confidential...more

Transfer to Multiple New Employers Can Amount to TUPE Transfer

In Hyde Housing Association Ltd and another v Layton UKEAT/0124/15, the Employment Appeal Tribunal (EAT) considered whether a transfer to multiple new employers could amount to a TUPE transfer. Mr Layton was employed as...more

Consistency of Treatment Following Office Party Brawl

In MBNA Limited v Jones UKEAT/0120/15, the Employment Appeal Tribunal (EAT) considered whether the inconsistent treatment of two employees arising from the same incident rendered the dismissal of one of them unfair....more

Old Facebook Comments Justified Dismissal

In British Waterways Board v Smith UKEATS/0004/15/SM, the Employment Appeal Tribunal (EAT) examined whether an employer acted lawfully when dismissing an employee for gross misconduct due to remarks he had made on Facebook...more

Proposals to Simplify the Tax Treatments of Termination Payments

Broadly speaking, the position is currently that the first £30,000 of any non-contractual termination payment can be paid free of deductions for tax and national insurance (NI), and that most other payments are subject to tax...more

No UK Employment Rights for Internationally Mobile Employee

In Olsen v Gearbulk Services Ltd UKEAT/0345/14/RN, the Employment Appeal Tribunal (EAT) considered whether an internationally mobile employee could bring a claim for unfair dismissal under UK law on the basis that he spent...more

Dismissal for "Some Other Substantial Reason"

In the case of Anderson v Chesterfield High School [2015] UKEAT/0206/14/MC, the Employment Appeal Tribunal (EAT) considered the fairness of the dismissal of a Mayor from his salaried role at a school because of his...more

Successful Appeal Against Dismissal Automatically Revives Employment Contract

In Salmon v Castlebeck Care (Teeside) Ltd & Anor UKEAT/0304/14, the Employment Appeal Tribunal (EAT) considered whether a successful appeal against a decision to dismiss needed to be communicated to the employee in order to...more

Employed vs Self Employed Status

Mr Conroy, a referee, brought a claim for unfair dismissal against the Scottish Football Association (SFA). The Employment Tribunal agreed with the SFA's argument that Mr Conroy was self-employed (as opposed to an employee),...more

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