Unfair dismissal
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?
The Employment Appeal Tribunal has held that, on its true construction, a company's long-term disability scheme applied to employees who were permanently incapable of employment in any capacity, rather than merely incapable of working for the company.
Employees with less than one year's service can still claim unfair dismissal in certain circumstances, as the employer in this case found to its cost.
Forcing an employee to resign can easily result in a successful tribunal claim, as this case shows.
In Hussain v Acorn Independent College Ltd EAT/0199/10, the EAT held that a teacher had the requisite one-year period of continuous employment to bring a complaint of unfair dismissal. Continuity was preserved over the college summer vacation between his first temporary contract and a subsequent contract because his absence was on account of a "temporary cessation of work".
In this case, an employment tribunal held that a manager's dismissal for a one-off mistake that could have had fatal consequences was fair.
Employees' entries on social media critical that are of their employer will not always justify dismissal, as this case demonstrates.
The Court of Appeal has held that, when considering dismissal of an employee for misconduct, an employer is not taken to have known mitigating facts that are known to the employee's manager but are withheld from the dismissing officer.
This case demonstrates the difficulties faced by employers in introducing workplace drug and alcohol testing.
HR and legal information and guidance relating to unfair dismissal.