End of employment

New and updated

• Date:

  24 August 2011

  Type:

  Employment law cases

  Resignation or dismissal: employment tribunal decisions

  This article summarises the main issues and outcomes in five employment tribunal cases where the key issue was whether the employee resigned or was dismissed.

• Date:

  23 August 2011

  Type:

  Employment law cases

  EAT upholds decision that former NHS trust chief executive was dismissed for making protected disclosure

  The Employment Appeal Tribunal has upheld the employment tribunal decision that a former NHS trust chief executive was automatically unfairly dismissed for making a protected disclosure. 

• Type:

  Employment law cases

  Employee who attended work drunk was unfairly dismissed

  As this case shows, it is not always fair to dismiss an employee for attending work under the influence of alcohol.

• Type:

  Employment law cases

  Manager unfairly dismissed for saying he "didn't like black people" as a schoolboy

  The employer in this case had a laudable zero-tolerance policy on racism, but failed to take a common-sense view of the background to an accusation that a manager had made a racist comment.

• Type:

  Employment law cases

  Employee not contractually obliged to drive fairly dismissed for losing licence

  The employer in this case fairly dismissed an employee who lost his driving licence, even though there was not an express requirement in his contract of employment that he be able to drive.

• Type:

  Employment law cases

  Case of the week: Constructive dismissal

  This week's case of the week, provided by DLA Piper, covers constructive dismissal.

• Type:

  Employment law cases

  Small employer fairly dismissed employee for faking workplace accident

  In this case, a small employer's careful disciplinary investigation, using CCTV footage, led to the successful defence of an unfair dismissal claim.

• Type:

  Employment law cases

  Reinstatement for installation engineer who caused damage after inadequate training

  This is a rare instance, along with the decision in Barlow v Ranc Care Homes Ltd ET/1101527/10, of an employment tribunal ordering an employer to reinstate an unfairly dismissed employee.

• Date:

  1 August 2011

  Type:

  Employment law cases

  Worker who made no holiday requests during long-term sick leave still entitled to statutory holiday pay

  The Employment Appeal Tribunal has held that a worker absent for the whole leave year, but who does not submit a request for the annual leave before the leave year ends, does not forfeit his or her entitlement to paid annual leave.

• Type:

  Employment law cases

  Cabin-crew member on final written warning fairly dismissed for misplacing security pass

  Employment tribunals do not have to delve too deeply into the reasons why an earlier warning was issued when an employee is later dismissed for further misconduct or poor performance while that warning is still live, as we can see from this judgment. They need to look behind the original warning only in exceptional circumstances, for example where there is evidence that it was issued in bad faith.