Dismissal
The Employment Appeal Tribunal has held that, when considering whether or not a dismissal for refusing to take a pay cut was fair for "some other substantial reason", the employment tribunal should look at the reasonableness of the employer's decision to dismiss, not whether or not the employee was reasonable in refusing the reduction in wages.
In Bowater v Northwest London Hospitals NHS Trust [2011] IRLR 331 CA, the Court of Appeal held that an employment tribunal was entitled to find that the dismissal of a nurse for making a lewd comment in the course of restraining an epileptic patient was outside the range of reasonable responses. It was intended as a humorous remark, and there was no evidence that the patient or any member of the public heard it.
Claire Benson is managing associate and Helen Corbett, Sinead Jones, Helen Ward and Tori O'Neil are associates at Addleshaw Goddard LLP. They round up the latest rulings.
The Employment Appeal Tribunal has held that an employee who was dismissed for refusing to work because of health and safety concerns, even though his employer genuinely believed that there was no danger, could be automatically unfairly dismissed.
This case involves an employer's use of handwriting experts to ascertain which employee was responsible for graffiti in its factory toilets.
The Employment Appeal Tribunal has held that, in a collective redundancy situation, there will be an election of employee representatives where the number of nominees equates to the number of available places, even where there is no ballot.
The Employment Appeal Tribunal has held that it is the transferee, rather than the Secretary of State, that is liable to pay the unfair dismissal basic award and notice of an employee who is dismissed after a "pre-pack" administration and TUPE transfer of the business as a going concern.
The employer in this case did not have absolute proof that the employee had committed misconduct, but carried out a thorough investigation that showed that it was highly likely that he had.
This case involves an employer that, rather than deal with problems with an employee's behaviour and attitude by giving him a series of warnings, used them as an excuse to dismiss him.
This case involves a common problem for employers: an employee suspected of abusing his or her holiday entitlement.
Employment law cases: HR and legal information and guidance relating to dismissal.