Employment law cases

Unfair dismissal categories

All items: Unfair dismissal

  • Narrow interpretation for new safety rights

    In Baddeley v Mehta t/a Supascoop, an industrial tribunal holds that a new right to claim unfair dismissal on grounds of health and safety does not apply to an employee who had resigned.

  • Unfair dismissal: Dismissal of competing employee was fair

    Date:
    1 May 1995

    An employer is entitled to expect that an employee will not compete with it for contracts with existing customers, holds the EAT in Adamson v B&L Cleaning Services Ltd.

  • Unfair dismissal remedies: EAT addresses limits of "Polkey" reductions

    Date:
    1 January 1995

    In a number of recent cases, the EAT has considered the approach industrial tribunals should take when considering reducing unfair dismissal compensation on the grounds that the unfairness was due only to "procedural" failures.

  • Duffy v Yeomans & Partners Ltd

    Date:
    1 December 1994

    In Duffy v Yeomans & Partners Ltd [1994] IRLR 642 CA, the Court of Appeal held that the Industrial Tribunal had not erred in holding that the employers' failure to consult the appellant employee before dismissing him on grounds of redundancy did not render the dismissal unfair in circumstances in which, on the facts known to the employers at the time the employee was dismissed, consultation would have served no useful purpose, even though the employers had not made a deliberate decision not to consult.

  • US citizen's dismissal discriminatory

    Date:
    1 December 1994

    Rejecting a s. 41 defence, a Bury St Edmunds industrial tribunal (Chair: J Barnes) in York v Olan Mills Incorporated rules that the dismissal of a US citizen working for a US company in the UK when she refused to relocate back to the USA was unlawful race discrimination. Finding that the employee was also unfairly dismissed, the tribunal awarded compensation totalling almost £22,000.

  • No hours bar on unfair dismissal claims

    Date:
    1 December 1994

    In Clifford v Devon County Council the EAT has ruled that public sector employees are eligible to bring an unfair dismissal complaint, by using EC law, even though they work less than eight hours per week.

  • Reasonableness: Employer need not actively consider consultation

    Date:
    1 November 1994

    In Polkey v AE Dayton Services Ltd, the House of Lords ruled that a redundancy dismissal will usually be unfair if the employee was not warned or consulted prior to dismissal. But the Lords said there may be exceptions to this rule where the employer, at the time of dismissal, could reasonably take the view that consultation or warnings would be useless.

  • Dismissal: Imposition of new shift patterns was constructive dismissal

    Date:
    1 October 1994

    In Interconnection Systems Ltd v Gibson, an employee was unfairly constructively dismissed when her employer imposed new shift patterns, and refused to accept that the domestic difficulties created by this change were a ground for considering transferring her to alternative work.

  • Sickness rules: Dismissal for evening training on sick day was unfair

    Date:
    1 October 1994

    In Inco Alloys Ltd v Kelly the EAT upholds an industrial tribunal's decision that the dismissal of an employee, because he twice attended evening Territorial Army training sessions having been off work the same day because of sickness or injury, was unfair.

  • Reasonableness: Dismissal for loss of licence was fair

    Date:
    1 October 1994

    An employee was fairly dismissed when he lost his driving licence, holds the EAT in John Liddington Ltd v Blackett, given that his job involved substantial travelling and the employer had concluded, after careful consideration of alternative arrangements, that the job could not be done properly without a car.

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