The Employment Appeal Tribunal has affirmed the employment tribunal's decision that an employee who was unfairly dismissed because the employer believed his prison sentence frustrated his contract of employment was guilty of contributory conduct.
Georgina Kyriacou and David Malamatenios are partners and Sandra Martins, Colin Makin and Krishna Santra are associates at Colman Coyle Solicitors. They round up the latest rulings.
The Supreme Court has provided guidance on the components needed to justify a compulsory retirement age, stressing that the chosen retirement age has to be appropriate and necessary in that particular business. It went on to say that, once a retirement age is justified for a workplace or group of workers, the employer does not have to justify every retirement on an individual basis.
The Supreme Court has held that a requirement that employees obtain a law degree before they could be promoted to the highest grade was indirect age discrimination against the claimant, who did not have enough time to complete a degree before he reached the employer's retirement age. However, it sent the case back to the employment tribunal to decide whether or not the employer's actions were justified as a proportionate means of achieving a legitimate aim.
A Northern Ireland industrial tribunal has provided a useful example for employers of circumstances in which it can be fair to dismiss an employee for offensive comments made about a work colleague on Facebook.
A model letter to an employee giving a statement of reasons for dismissal when a dismissed employee makes a request to be given a written statement of the reasons for their dismissal.
A model letter when you wish to offer a new position to an employee who has previously been made redundant and has finished working their notice period.