Unfair dismissal
The Court of Appeal has held that a claimant cannot succeed in a whistleblowing unfair dismissal claim where the decision-maker was unaware of the protected disclosure at the time of the decision to dismiss.
The Employment Appeal Tribunal (EAT) has held that including details of previous non-disciplinary incidents in the investigation report did not make the dismissal unfair.
The Employment Appeal Tribunal (EAT) has held that, on the particular facts, the employee's dismissal for 20 months' unauthorised absence was unfair.
The Employment Appeal Tribunal (EAT) has held that, in a conduct dismissal, an employer must establish that the reason or principal reason for the dismissal relates to conduct, and not that the conduct itself is culpable.
An employment tribunal has rejected the unfair dismissal claim of a long-serving employee with a clean disciplinary record who was dismissed over comments she made on Facebook about her employer.
Kirsti Laird is senior associate at Charles Russell Speechlys. She rounds up the latest rulings.
The Court of Appeal has held that the employer was not required to match each category of gross misconduct to each allegation and that how the conduct was eventually categorised was a matter for the decision-maker after all the evidence had been adduced.
Chris Cook is a partner and Keely Rushmore is a senior associate at SA Law. They round up the latest rulings.
The Court of Appeal has held that an employer's decision to disregard new medical evidence and dismiss an employee on long-term sickness absence amounted to discrimination arising from disability and unfair dismissal.
In Lenlyn UK Ltd v Kular EAT/0108/16, the EAT held that an employer's offer to an employee of a settlement agreement did not constitute a "protected conversation" because the employer had acted improperly in all the circumstances, and in doing so had also breached trust and confidence.
HR and legal information and guidance relating to unfair dismissal.