Dismissal

New and updated

• Date:

  25 May 2018

  Type:

  Commentary and insights

  Successful "discrimination arising from disability" claim in respect of fair dismissal

  Consultant editor Darren Newman explains how the difference between the test of reasonableness in relation to unfair dismissal and the test for justification in relation to "discrimination arising from disability" led to an interesting - and important - Court of Appeal decision.

• Type:

  Letters and forms

  Letter inviting employee to first meeting to discuss their provisional selection for redundancy (individual consultation)

  A model letter inviting an employee to an individual consultation meeting to discuss their provisional selection for redundancy.

• Type:

  Letters and forms

  Letter informing employee of proposed redundancies (individual consultation)

  A model letter to warn affected employees about a proposed redundancy (at risk letter).

• Type:

  Letters and forms

  Letter to affected employees confirming details for election of employee representatives (collective redundancy consultation)

  A model letter to confirm to affected employees the details of the forthcoming election of employee representatives in a collective redundancy situation.

• Type:

  Letters and forms

  HR1 form (collective redundancy consultation)

  Use this model form to comply with the obligation to provide advance notification to the Secretary of State for Business, Energy and Industrial Strategy (BEIS) of a proposal to dismiss as redundant 20 or more employees at one establishment within a period of 90 days or less.

• Type:

  Letters and forms

  Letter dismissing employee who refuses redeployment following sickness absence management procedure

  A model letter dismissing an employee who has refused redeployment following a formal sickness absence management procedure.

• Type:

  Employment law cases

  Court of Appeal rules on correct approach to constructive dismissal

  In Kaur v Leeds Teaching Hospitals NHS Trust, the Court of Appeal held that, in "last straw" cases, an employee may rely on earlier affirmed breaches of contract provided that the later act forms part of the series.

• Type:

  Employment law cases

  Employee's notice period began when she read dismissal letter

  In Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood, the Supreme Court held that, where an employee was dismissed by letter, her notice period began when she read the letter, or had a reasonable opportunity to do so.

• Date:

  24 April 2018

  Type:

  Commentary and insights

  Right to work in the UK: How much can employers rely on Home Office advice?

  Consultant editor Darren Newman considers the implications of a recent case involving a Jamaican bus driver who was dismissed when he could not provide the required documentation during his employer's audit of its workforce's right to work in the UK.

• Type:

  Letters and forms

  Letter seeking employee's agreement to voluntary redundancy terms

  A model letter to to seek an employee's agreement to the terms of a voluntary redundancy.