Unfair dismissal
Rebekah Martin, Carly Mather, Kate Edminson and James Buckley, all associates at Addleshaw Goddard, detail the latest rulings.
In this case, the employment tribunal held that an employer placed too much emphasis on an employee's "flippant" and "sarcastic" attitude during a disciplinary hearing and failed properly to consider the flaws in the evidence against him.
The Employment Appeal Tribunal has held that, where an employee is dismissed primarily because of a breakdown in trust and confidence rather than conduct, the employer's contractual disciplinary procedures will not apply.
The Employment Appeal Tribunal has held that the employment tribunal was wrong to find that the absence of a system of moderating two sets of redundancy scores following a TUPE transfer rendered the selection process unfair.
This case concerns an employee whose "error of judgment" had disastrous consequences.
The Court of Appeal has held that the tribunal was correct to decide that it had jurisdiction to hear claims of unfair dismissal and sex discrimination by two British employees who worked for the Ministry of Defence in Belgium and the Netherlands.
The Employment Appeal Tribunal has upheld a tribunal decision that an employee's dismissal was unfair because it was based on a confusing alcohol policy of which he was unaware.
Employees are protected against detriment and dismissal for taking time off for dependants, as the employer in this case found to its cost.
This case concerns whether or not an employee, who had less than one year's service, was unfairly dismissed for making a protected disclosure.
Where two employees are dismissed fairly for the same misconduct, can the reinstatement of one render the other's dismissal unfair?
HR and legal information and guidance relating to unfair dismissal.