Employment law cases

Unfair dismissal categories

All items: Unfair dismissal

  • Dismissed care worker's employment automatically revived when internal appeal upheld

    The Employment Appeal Tribunal (EAT) has held that where an internal appeal is successful, the contract of employment is automatically revived with retrospective effect.

  • Constructive dismissal: employee on sickness absence affirmed contract

    The Employment Appeal Tribunal (EAT) has held that an employee on long-term sickness absence and in receipt of sick pay had affirmed her contract following alleged breaches by her employer. No special considerations apply where an employee alleges that the employer's breach amounts to a demotion.

  • Smoking at work: school catering assistant's use of e-cigarette justifies suspension

    A school catering assistant was suspended by her employer for using an e-cigarette on school premises. She resigned and claimed that she had been constructively dismissed. The employment tribunal did not uphold her claim, but indicated that if she had not resigned but been dismissed, the tribunal might have judged that dismissal to be unfair.

  • Social media: First Twitter case acts as warning for employers

    The Employment Appeal Tribunal considered the misuse of Twitter by an employee for the first time. The decision highlights the importance of having a robust policy in place relating to the use of social media at work.

  • Case round-up

    Helen Almond is professional support lawyer, Nigel Cousin and Victoria Davies managing associates and Iain Naylor and Andrew Nealey associates Addleshaw Goddard LLP. They round up the latest rulings.

  • Whistleblowing: police officer dismissed for taking matters into his own hands

    In DLA Piper's latest case report, the Employment Appeal Tribunal held that a police officer who made protected disclosures was dismissed after taking matters into his own hands and becoming difficult to manage because he was not satisfied with the action taken following the concerns that he had raised, and that he was not dismissed for blowing the whistle.

  • Constructive dismissal: delay in resigning does not alone affirm contract

    The Employment Appeal Tribunal (EAT) has held that when determining whether or not an employee has accepted an employer's fundamental breach of his or her contract of employment and therefore lost his or her right to resign and claim constructive dismissal, the passage of time between the breach and the employee's subsequent resignation is only one factor that must be considered.

  • Case round-up

    Krishna Santra, Linda Quinn and Colin Makin are senior associates and Melissa Powys-Rodrigues and Dominic Speedie are associates at Colman Coyle Solicitors. They round up the latest rulings.

  • Constructive dismissal: notice in excess of contractual amount affirms the contract of employment

    The Employment Appeal Tribunal has held that, where an employee gives notice to terminate his or her contract of employment in excess of the contractual amount, the employee will be deemed to be offering additional performance of his or her contract, which will affirm the contract and undermine a claim for constructive dismissal.

  • Employee who leapt from crashing truck was fairly dismissed

    In this tribunal decision, the claimant argued that he was unfairly dismissed for taking appropriate steps to protect himself from serious and imminent danger.

About this category

Employment law cases: HR and legal information and guidance relating to unfair dismissal.