Unfair dismissal
A raft of employment law changes have come into effect over the past few months. In this edition of the podcast, Zeba Sayed and Stephen Simpson discuss some developments that have perhaps received less attention than others: the changes to special redundancy protection for family-related leave that came into force on 6 April 2024.
Part-time employment judge Tina Elliott looks at how to achieve a fair dismissal when a working relationship breaks down.
Updated to reflect that the Regulations have been finalised.
In Miller v University of Bristol ET/1400780/22, the employment tribunal held that the professor's anti-Zionist beliefs are protected under the Equality Act 2010, and that his summary dismissal was an act of direct philosophical belief discrimination and unfair.
In Alsnih v Al Quds Al-Arabi Publishing & Advertising, an employment tribunal held that the dismissal of an employee for refusing to use a work-related app on her personal phone was procedurally and substantively unfair.
In Charalambous v National Bank of Greece, the Employment Appeal Tribunal (EAT) held that the employee's dismissal was fair even though the manager who made the decision to dismiss had not attended the disciplinary hearings.
We look at three recent employment tribunal decisions where the unfair constructive dismissal claim was successful because of mistakes made by the employer that breached the employment contract expressly or impliedly.
We look at four recent employment tribunal decisions where the unfair dismissal claim was successful because of procedural mistakes made by the employer during the disciplinary process.
In Weller v First MTR South Western Trains Ltd, an employment tribunal found that the dismissal of a train driver for offensive Twitter posts was unfair but declined to award any compensation.
We reflect on the key decisions from last year and look forward to the case law trends likely to emerge in 2023. These include cases on: gender identity, holiday pay, coronavirus-related health and safety cases, industrial action, and dismissal and re-engagement.
HR and legal information and guidance relating to unfair dismissal.