Unfair dismissal
In this case, an employee was torn between disobeying his superior and carrying out an instruction from him that breached health and safety rules.
The Court of Appeal has held that the employment tribunal was wrong to assess compensation for a banker who was unfairly dismissed and suffered race discrimination on the basis that he would be unlikely to find an equivalent job again.
The employer in this case just about got away with using secretly recorded CCTV footage to dismiss five employees who were caught urinating on company property on numerous occasions, in a two-to-one majority decision in the employment tribunal.
An employer that dismisses an employee on an allegation of fraudulently claiming to be sick needs clear evidence, as this case demonstrates.
An adequate investigation and a fair system of warnings are key to the successful defence of an unfair dismissal claim related to misconduct, as this case shows.
Joanne Magill, associate, and Claire Benson and Ceri Hughes, managing associates, at Addleshaw Goddard detail the latest rulings.
In this unusual case, an employee was dismissed and offered reinstatement on appeal, before purportedly resigning due to the terms of the reinstatement.
This case involves an employee whose unfair dismissal was due to her asserting statutory rights regarding her pay.
The Court of Appeal has held that an employee's contract of employment was terminated by the transfer of pay in lieu of notice into his bank account, even though he did not know at the time that this had happened.
In this case, a Premier League football club unfairly sacked its football historian, who had supported the club for over 60 years.
HR and legal information and guidance relating to unfair dismissal.