Unfair dismissal
This employment tribunal decision shows that there is nothing to stop a transferee from disciplining a transferred employee who is alleged to have committed misconduct before the transfer.
This employment tribunal punished a large employer's failure to follow the "Acas code of practice on disciplinary and grievance procedures" by awarding a combined total of over £100,000 to two claimants who were unfairly dismissed.
Joe Beeston, Kate Edminson, Rosie Kight and David Rintoul are associate solicitors and Iain Naylor is a trainee solicitor at Addleshaw Goddard LLP. They round up the latest rulings. They round up the latest rulings.
In DLA Piper's case of the week, Lund v St Edmund's School, Canterbury, the Employment Appeal Tribunal held that the Acas code of practice on disciplinary and grievance procedures should have been followed in a case where the reason for dismissal was stated to be for "some other substantial reason" (SOSR), but disciplinary proceedings ought to have been invoked.
The Employment Appeal Tribunal has reiterated the importance of employers carrying out a sufficiently thorough disciplinary investigation where there are allegations of criminal behaviour.
Amanda Steadman is a professional support lawyer, and Joe Beeston, Laura Garner, Helen Samuel and Dinu Suntook are associates at Addleshaw Goddard LLP. They round up the latest rulings.
The employment tribunal in this case concluded that it was open to an NHS trust to decide not to renew a consultant anaesthetist's fixed-term contract because it had recruited a number of permanent anaesthetists to take on the work.
The employment tribunal in this case concluded that it was not unfair for a university to decide against renewing an associate tutor's fixed-term contract because the work that he had been doing was taken over by permanent staff.
David Malamatenios is a partner and Colin Makin, Linda Quinn, Krishna Santra and Sandra Martins are associates at Colman Coyle Solicitors. They round up the latest rulings.
The Employment Appeal Tribunal has upheld the employment tribunal decision that a manager was unfairly dismissed for behaving in an "over-authoritarian manner" because he was not warned that a possible consequence of continuing to act in this way was dismissal.
HR and legal information and guidance relating to unfair dismissal.