Employment law cases

All items: Automatically unfair dismissal

  • Bolton School v Evans

    Date:
    1 December 2006

    In Bolton School v Evans [2007] IRLR 140 CA, the Court of Appeal has held that protection against a detriment for making a protected disclosure does not extend to dismissal for conduct that is designed to demonstrate that the belief in the wrongdoing is reasonable.

  • Statutory dismissal and disciplinary procedures: Procedural unfairness and redundancy dismissals

    Date:
    3 November 2006

    In Alexander and another v Bridgen Enterprises Ltd [2006] IRLR 422 EAT, the Employment Appeal Tribunal holds that two employees were automatically unfairly dismissed in breach of the statutory dismissal procedure because the employer had not provided sufficient information about their selection for redundancy in advance of the dismissal meeting.

  • McLean v Rainbow Homeloans Ltd

    Date:
    10 October 2006

    In McLean v Rainbow Homeloans Ltd [2007] IRLR 14 EAT, the Employment Appeal Tribunal (EAT) has held that an employee was unfairly dismissed for asserting a statutory right when he refused to work extra hours that would have been a breach of the Working Time Regulations 1998.

  • Case round-up

    This week's case law round-up from Eversheds, covering pregnancy-related dismissals and transfers not covered by TUPE Regulations.

  • Public interest disclosure: Meaning of "good faith" in whistleblowing provisions

    Date:
    3 September 2004

    In Street v Derbyshire Unemployed Workers' Centre, the Court of Appeal holds that an employment tribunal had been correct to find that an employee's "whistleblowing" disclosure was not made in good faith because, although she believed her allegations to be true and did not make the disclosure for personal gain, her motivation for making it was personal antagonism towards the subject of the disclosure.

  • Case round-up: whistleblowing

    This week's case round-up from Eversheds: covering whistleblowing.

  • Time off for dependants: First consideration of dependants' leave entitlement

    Date:
    9 May 2003

    In Qua v John Ford Morrison Solicitors, the EAT holds that the statutory right to take a "reasonable amount of time off" to care for dependants is a right that applies during working hours to enable employees to deal with the variety of specified unexpected or sudden events affecting their dependants, and in order to make any "necessary" longer-term arrangements for their care.

  • Public interest disclosure: Statutory elements of "protected disclosure" must be proved

    Date:
    10 January 2003

    Where, in a protected disclosure case, the employee had not served the requisite qualifying period to bring an unfair dismissal complaint, the critical issue for the tribunal is whether or not the protected disclosure provisions in the Employment Rights Act 1996 have been satisfied on the evidence, and not substantive or procedural unfairness, which would have been the central issue in a claim for "ordinary" unfair dismissal, the Court of Appeal holds in ALM Medical Services Ltd v Bladon.

  • Public interest disclosure: Breach of employment contract can be a protected disclosure

    Date:
    11 March 2002

    In Parkins v Sodexho Ltd, the EAT holds that a protected disclosure for the purposes of s.43B Employment Rights Act 1996 can relate to a breach of the employee's own contract of employment.

  • Tribunal may leave some stones unturned

    The Court of Appeal gives important guidance on how far tribunals need to go in exploring the circumstances of a claim. Plus cases on protected disclosure, redundancy selection, discrimination by an agent, working time exemptions and constructive dismissal.

About this category

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