In Royal Surrey County NHS Foundation Trust v Drzymala, the Employment Appeal Tribunal considered the fairness of an employee's dismissal by her employer's decision not to renew her fixed-term contract, including the effect of the employer's compliance with the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002.
The Employment Appeal Tribunal (EAT) has held that the employer acted in breach of the implied term to maintain trust and confidence by giving a misleading reason for the employee's dismissal.
The Employment Appeal Tribunal (EAT) has remitted to an employment tribunal the issue of whether or not a Jamaican national with the "right of abode" was fairly dismissed after he did not provide the required documentation during his employer's audit of its workforce's right to work in the UK.
The Court of Appeal has held that a claimant cannot succeed in a whistleblowing unfair dismissal claim where the decision-maker was unaware of the protected disclosure at the time of the decision to dismiss.
The Employment Appeal Tribunal (EAT) has held that including details of previous non-disciplinary incidents in the investigation report did not make the dismissal unfair.
The High Court has held that the suspension of a teacher was a "knee-jerk" reaction and in breach of the implied term of trust and confidence between the employer and employee.
The Court of Appeal has held that the legislative provision that excludes park police constables from enjoying collective consultation rights is in breach of their, and their union's, art.11 rights under the European Convention on Human Rights.
The Employment Appeal Tribunal (EAT) has held that, in a conduct dismissal, an employer must establish that the reason or principal reason for the dismissal relates to conduct, and not that the conduct itself is culpable.