Unfair dismissal
The Employment Appeal Tribunal has upheld the employment tribunal decision that a former NHS trust chief executive was automatically unfairly dismissed for making a protected disclosure.
As this case shows, it is not always fair to dismiss an employee for attending work under the influence of alcohol.
The employer in this case had a laudable zero-tolerance policy on racism, but failed to take a common-sense view of the background to an accusation that a manager had made a racist comment.
This week's case of the week, provided by DLA Piper, covers constructive dismissal.
The employer in this case fairly dismissed an employee who lost his driving licence, even though there was not an express requirement in his contract of employment that he be able to drive.
In this case, a small employer's careful disciplinary investigation, using CCTV footage, led to the successful defence of an unfair dismissal claim.
This is a rare instance, along with the decision in Barlow v Ranc Care Homes Ltd ET/1101527/10, of an employment tribunal ordering an employer to reinstate an unfairly dismissed employee.
The Supreme Court has held that teachers employed by the Government to work in European Schools, which it described as "international enclaves", are entitled to bring unfair dismissal claims in the UK.
In this case, the tribunal held that a police force was entitled to dismiss a long-serving employee who admitted that she had committed a single act of dishonesty outside work.
The employer in this case unfairly dismissed an employee whom it strongly suspected of moonlighting, but where it did not have definitive proof. Although the dismissal was procedurally unfair, the claimant's compensation was reduced to zero because the employer's suspicions were later verified.
HR and legal information and guidance relating to unfair dismissal.