Dismissal

New and updated

• Type:

  Employment law cases

  Failure to discount disability-related absences in redundancy scoring was discrimination

  This case deals with a common issue in redundancy situations: the discounting of disability-related absences when scoring against a "sickness absence" criterion.

• Type:

  FAQs

  Should a redundant employee who is offered a trial period in an alternative job be paid at the rate of the new job or their old job?

• Type:

  Employment law cases

  Employee unfairly dismissed after TUPE transfer

  This case is a good example of a key issue in TUPE claims: whether or not an employee was assigned to the transferred undertaking.

• Type:

  FAQs

  In a redundancy situation, how should an employer select which employees to make redundant?

• Type:

  FAQs

  What should an employer do if an employee at risk of redundancy goes off sick during the consultation process?

• Type:

  Employment law cases

  Rejection of relocation proposal was not unreasonable

  If a redundant employee unreasonably rejects an offer of suitable alternative employment, he or she will not be entitled to a statutory redundancy payment. This case is a short and clear example of the factors that a tribunal will weigh up when determining this issue.

• Type:

  Employment law cases

  Employee unfairly dismissed for smoking at work

  An employer's previous tolerance of misconduct can render a dismissal for that same misconduct unfair, as the employer in this case found to its cost.

• Type:

  Employment law cases

  Failure to give employee correct duties was a fundamental breach of contract

  A failure by an employer to give an employee correct duties can constitute a fundamental breach of contract, as this case demonstrates.

• Type:

  Employment law cases

  Case round-up

  Niki Walker, managing associate at Addleshaw Goddard, details the latest rulings.

• Date:

  28 June 2010

  Type:

  Employment law cases

  Whistleblowing: Opinion on discretionary redundancy scheme not protected disclosure

  In Goode v Marks & Spencer plc EAT/0442/09, the EAT held that an employment tribunal was right to find that an employee had not been dismissed because of having made a protected disclosure. There had been no qualifying or protected disclosure, but merely an opinion expressed about the employer's proposal for changes to a discretionary enhanced redundancy scheme.