Unfair dismissal
This guide describes the potentially fair reason for dismissal due to a contravention of a statutory duty or restriction (sometimes referred to as a "statutory bar" dismissal). The dismissal of an employee may be fair if they are unable to continue working without contravening a duty or restriction (either on their part or that of their employer) imposed by legislation (such as a driving disqualification for an employee whose duties involve driving).
An IT director who insisted on working from home for an important meeting was unfairly dismissed, a tribunal has ruled.
A worker was subject to disability discrimination after his manager repeatedly sighed and made 'exaggerated exhales', an employment tribunal has found.
In October 2024 the Government launched a major overhaul of employment law in the form of the Employment Rights Bill. A number of important amendments have been introduced since the proposed legislation was first published. Stephen Simpson, principal editor at Brightmine, joins the podcast to provide an update and help HR departments prepare for the changes.
In Ogden v Booker Ltd, an employment tribunal held that the employee's dismissal for gross misconduct was unfair due to procedural flaws and a toxic workplace culture that lacked managerial enforcement of dignity at work standards.
In this webinar, Brightmine legal editors Stephen Simpson and Zeba Sayed explain what the changes are going to be, what employers can do now to begin preparing and the potential timelines for implementation.
The first draft of the Employment Rights Bill was published on 10 October - just ahead of 100 days into the new Labour Government. We take an early look at how HR is reacting to the changes included in the Bill.
Updated to reflect the latest employment tribunal statistics.
We look at four employment law cases where the employee was successful and the tribunal ordered the employer to pay substantial compensation in three of them.
Brightmine legal editors Zeba Sayed and Stephen Simpson offer a countdown of the top 10 employment law proposals that are likely to have the biggest impact on employers after the general election.
HR and legal information and guidance relating to unfair dismissal.