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Dismissal

New and updated

  • Date:
    1 August 2012
    Type:
    Employment law cases

    No constructive dismissal of suspended employee reinstated following grievance over unfair disciplinary action

    The Employment Appeal Tribunal has held that the employment tribunal was entitled to find that an employee was not constructively dismissed when he resigned after his manager unjustly took disciplinary action against him that was dropped after a swift and fair-minded investigation. 

  • Date:
    18 July 2012
    Type:
    Employment law cases

    Employer concerned about reputation fairly dismissed employee on basis of unproven allegations regarding children

    The Court of Appeal has upheld a decision that OFCOM was entitled, in dismissing an employee, to rely on an official disclosure that he presented a risk to children and consider the potential reputational damage if the allegations against him were true.

  • Date:
    5 July 2012
    Type:
    Employment law cases

    Reduction in headcount not necessary for redundancy

    The Employment Appeal Tribunal has affirmed the employment tribunal's decision that an employee, who was dismissed because of the employer's downturn in work and consequent reduction in the hours to be worked, was dismissed by reason of redundancy, even though there was no reduction in the employees required. 

  • Type:
    Employment law cases

    Case round-up

    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.

  • Type:
    Letters and forms

    Letter informing employee of outcome of redundancy appeal hearing

    A model letter to inform an employee of the outcome of a redundancy appeal hearing where the employer offers an appeal stage in its redundancy process.

  • Type:
    Letters and forms

    Letter inviting employee to redundancy appeal hearing

    A model letter to invite an employee to a redundancy appeal hearing where the employer offers an appeal stage in its redundancy process.

  • Type:
    Employment law cases

    Case round-up

    Sinead Jones is an associate, and Phil Dupres and Beckie Howlett are trainee solicitors at Addleshaw Goddard. They round up the latest rulings.

  • Date:
    22 May 2012
    Type:
    Employment law cases

    Human rights: NHS trust's decision to dismiss doctor did not engage right to fair and public hearing

    The Court of Appeal has held that an NHS trust's decision to dismiss a doctor, which made it more difficult for him to practise in his chosen profession, did not engage his right to a fair and public hearing under the European Convention on Human Rights. 

  • Date:
    21 May 2012
    Type:
    Employment law cases

    Termination of employment: Objective meaning of termination letter to be taken at face value

    In CF Capital plc v Willoughby [2011] EWCA Civ 1115 CA, the Court of Appeal held that a letter of dismissal was effective notice to terminate the employee’s contract, even though it was based on a mistaken understanding that the employee had agreed to the termination. The “special circumstances” exception to the normal operation of such a notice did not apply, so attempts to retract the dismissal did not alter the position.

  • Date:
    16 May 2012
    Type:
    Employment law cases

    Employee unfairly dismissed for imprisonment guilty of contributory conduct

    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. 

About this topic

HR and legal information and guidance relating to dismissal.