Unfair dismissal
The recent case of Chand v EE Limited addressed the fairness of conduct dismissals, making clear that tribunals must look at the actual reason relied on by the decision-maker, not reasons that could have been argued based on the evidence. HR should ensure that all allegations forming the basis of a dismissal are supported by reasonable grounds.
The Employment Rights Act 2025 marks a major shift in unfair dismissal law. From January 2027, the qualifying period will drop from two years to six months - applying retrospectively to employees hired from July 2026 - and the cap on compensatory awards will be removed altogether. Stephen Simpson, principal editor at Brightmine, joins the podcast to break down the changes and share practical steps HR should be taking now to prepare.
Updated with a reference to Pal v Accenture, which confirmed how employee capability should be assessed.
Updated with a reference to Pal v Accenture, which explored the difference between “capability” and “some other substantial reason” dismissals.
Drawing on our latest research data, Brightmine content managers Bar Huberman and Sheila Attwood set out the key priorities for HR and reward professionals in 2026. CEO Scott Walker also joins the podcast to discuss one of the key trends of recent years - AI in the workplace.
The government will reduce the qualifying period for unfair dismissal from two years to six months, dropping Labour's longstanding manifesto commitment in the Employment Rights Bill to make it a day-one right.
MPs have rejected amendments to the Employment Rights Bill tabled by the House of Lords, which the government said would have weakened the Bill, including watering down the day one right to protection from unfair dismissal and limiting those able to benefit from the ban on 'exploitative' zero hours contracts.
A shift leader who worked at JD Wetherspoon for 22 years has won his claim for unfair dismissal after he was sacked without notice for mistakenly giving 50% staff discount to a colleague.
Join employment law specialist Darren Newman as he looks at employers' legal obligations and discusses specific scenarios where probationary periods commonly go wrong. Darren also looks at what employers can do now to prepare for the changes promised in the Employment Rights Bill.
Shantha David, head of legal services at UNISON, joins the podcast to talk about the impact of the Employment Rights Bill on trade union rights, fire and rehire practices and more.
HR and legal information and guidance relating to unfair dismissal.