Unfair dismissal
In Upton-Hansen Architects Ltd v Gyftaki, the Employment Appeal Tribunal upheld the tribunal decision that the employee's suspension was in breach of the implied term of trust and confidence. The employee was constructively dismissed and, in the absence of a potentially fair reason, the dismissal was unfair.
In Phoenix House Ltd v Stockman, the Employment Appeal Tribunal upheld the tribunal decision that the covert recording of a confidential meeting was not a breach of the implied term of trust and confidence. The EAT gave guidance on the factors that may justify such a recording.
In Kelly v Royal Mail Group Ltd, the Employment Appeal Tribunal held that a long-serving employee's dismissal for frequent absences in accordance with the employer's attendance policy was harsh but fair.
In Kuteh v Dartford and Gravesham NHS Trust, the Court of Appeal held that the NHS trust fairly dismissed a Christian nurse for initiating inappropriate conversations about religion with patients in breach of a lawful management instruction.
In Atherton v Bensons Vending Ltd, an employment tribunal held that a small employer fairly dismissed an employee who made a personal attack on the managing director on Facebook. However, the claimant's wrongful dismissal was upheld because the employer could not show that his behaviour was so serious that it was entitled to dismiss him without notice pay.
In Wilko Retail Ltd v Gaskell and another, the Employment Appeal Tribunal (EAT) held that an employment tribunal applied the wrong approach when assessing the reasonableness of the employer's decision to dismiss two employees for breaching its signing in and out policy.
In Elliott v RMS Cash Solutions Ltd, a Northern Ireland tribunal held that a cash transit firm fairly dismissed an employee whose Snapchat posts revealed a colleague's personal details. The posts increased the risk of "tiger kidnapping", which involves staff or their families being kidnapped to force staff to help commit a crime.
In Hare Wines Ltd v Kaur and another, the Court of Appeal upheld the tribunal's decision that the employee's dismissal was automatically unfair by reason of a TUPE transfer because the employer had not taken action to resolve her poor working relationships prior to the transfer, but did so by dismissing her at the time of the transfer.
In Asda Stores Ltd v Raymond, the Employment Appeal Tribunal (EAT) upheld the tribunal decision that the employer's failure to conduct a reasonable investigation and to take reasonable care during the disciplinary process made the employee's dismissal unfair. The EAT also upheld the tribunal's ruling that his dismissal arose from his disability.
In George v London Borough of Brent, the Employment Appeal Tribunal (EAT) held that the employer's failure to comply with a contractual obligation to offer a redundant employee a trial period for a possible alternative role was likely to render the dismissal unfair.
Employment law cases: HR and legal information and guidance relating to unfair dismissal.