News & Analysis as of

Unfair Dismissal Employment Tribunals

Unfair Dismissal: Can a Disciplinary Investigation Be Too Thorough?

by Faegre Baker Daniels on

In NHS 24 v Pillar UKEATS/0005/16, the Employment Appeal Tribunal (EAT) considered the appropriate scope of an employer’s investigation into alleged misconduct in disciplinary proceedings. Ms Pillar was employed by NHS 24...more

Never a Dull Moment in Employment Law: Whistleblowing and More

by Dechert LLP on

The Supreme Court’s recent decision quashing the Employment Tribunal fee regime is not the only recent employment law news of which UK employers need to be aware. This OnPoint summarises some other recent developments....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

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

Reinstatement Following Dismissal

by Faegre Baker Daniels on

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

New Tribunal Compensation Limits 2016

by Faegre Baker Daniels on

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

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 2016, as will the weekly wage figure for calculating an employee's entitlement to a statutory...more

Dismissal for Sharing Confidential Information Was Unfair

by Faegre Baker Daniels on

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

HR Influence in Disciplinary Proceedings Can Render Dismissals Unfair

by Reed Smith on

In Ramphal v Department for Transport (EAT – 2015), the EAT has provided guidance on the appropriate level of HR involvement in disciplinary proceedings. The case concerns an employee who was dismissed for gross...more

Just how wide is the band of reasonable responses for misconduct dismissals?

by Reed Smith on

In Newbound v Thames Water Utilities Ltd, the Court of Appeal has restored an Employment Tribunal’s decision that the Claimant was unfairly dismissed for a breach of his employer’s health and safety procedures....more

Contractual flexibility clauses must be clear and unambiguous to give an employer a right to make unilateral changes

by Reed Smith on

In the case of Norman and others v National Audit Office UKEAT/0276/14, the Employment Appeal Tribunal (“EAT”) confirmed that flexibility clauses in employment contracts which seek to give employers the right to make...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 2015, as will the weekly wage figure for calculating an employee's entitlement to a statutory...more

Successful Appeal Against Dismissal Automatically Revives Employment Contract

by Faegre Baker Daniels on

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

UK Employment Law – A Year In Perspective – Changes Past and on the Horizon

2013 has been a significant year for UK employment law. In particular, an abundance of new legislation (both about substantive law and Employment Tribunal procedure) has heralded a number of important changes. This...more

Important Changes to UK Employment Law Take Effect

by Morgan Lewis on

New Employment Tribunal rules, new provisions on pre-termination negotiations, and changes regarding collective redundancy consultation apply from 29 July. On 29 July, key changes to UK employment law came into force....more

Introduction of Fees in UK Employment Tribunal Claims

by Dechert LLP on

The Government has now announced the implementation date - Monday 29 July 2013 - for the introduction of the payment of fees in relation to Employment Tribunal claims. A claimant will be required to pay an “issue fee” on...more

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