The employer in this case was determined to get rid of an employee who was off sick for 11 months after an accident at work for which it admitted liability, leading to a finding of unfair dismissal.
The Fair Employment Tribunal in Northern Ireland has found that a small business owner committed age discrimination against an employee after she refused to enter into a joint arrangement with him relating to the purchase of land.
The Employment Appeal Tribunal has held that, in the context of costs applications, it is unreasonable behaviour for a claimant to pursue an unfair dismissal claim purely for the purpose of obtaining a declaration that he or she was unfairly dismissed.
The Employment Appeal Tribunal has held that the date of a conditional resignation cannot constitute the effective date of termination regardless of any agreement between the employer and employee.
In Shanahan Engineering v Unite the Union EAT/0411/09, the EAT held that an employment tribunal was right to find that, in relation to collective redundancy consultation, although a customer's instruction amounted to "special circumstances", absolving the employer of the need to start consultation 30 days in advance of the first redundancy, it did not absolve it of all obligations to consult. However, the tribunal should have taken into account the special circumstances of the case in setting the level of the protective award.