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Unfair dismissal

New and updated

  • Date:
    29 January 2008
    Type:
    Employment law cases

    Unfair dismissal: Immigration status of employee

    In Klusova v London Borough of Hounslow [2007] EWCA Civ 1127, the Court of Appeal upheld a finding of unfair dismissal in the case of an employee who was dismissed on the grounds that she was no longer entitled to work in the UK. There was evidence to support the tribunal's finding that the employee was, in fact, legally entitled to work in the UK at the time of her dismissal. While the employer's mistaken belief about her immigration status was capable of amounting to "some other substantial reason" for dismissal, the fact that the employer had failed to follow the statutory dismissal procedure rendered the dismissal automatically unfair.

  • Date:
    29 January 2008
    Type:
    Employment law cases

    Epstein v Royal Borough of Windsor and Maidenhead

    The Employment Appeal Tribunal has held that, in the circumstances of the case, the issue of disparate treatment did not arise when an employee was dismissed but another was not disciplined.

  • Date:
    24 December 2007
    Type:
    Employment law cases

    Age discrimination: recent tribunal decisions

    A review of a number of recent employment tribunal decisions suggests that some employers remain unaware of the implications of, or are struggling with, the Employment Equality (Age) Regulations 2006 (SI 2006/1031), which became law on 1 October 2006. The decisions also demonstrate the approach that the tribunals might take to the question of justification of discrimination and to the assessment of injury to feelings compensation.

  • Date:
    10 December 2007
    Type:
    Employment law cases

    Unfair dismissal: Employer carried out reasonable investigation with regard to 'malingering' employee

    In Corus UK Ltd v Mainwaring EAT/0053/07, the EAT held that an employer did not act unreasonably when it failed to interview an informant who alleged that a fellow employee was malingering, as that allegation merely triggered a fair investigation. In addition, it was not necessary for the employer to seek medical evidence from a specialist consultant, it being reasonable for it to rely on evidence about the employee's medical condition from a GP.

  • Date:
    12 November 2007
    Type:
    Employment law cases

    Unfair dismissal: Capability dismissal was fair notwithstanding employer's responsibility for employee's ill health

    In McAdie v Royal Bank of Scotland plc [2007] IRLR 895, the Court of Appeal confirmed that the fact that an employee's stress-related illness was caused by the employer was no bar in law to a fair dismissal on the grounds of capability.

  • Date:
    12 November 2007
    Type:
    Employment law cases

    Unfair dismissal: 'Reasonableness' requires consideration of the injustice caused to the employee

    The EAT in Greenwood v Whiteghyll Plastics Ltd EAT/0219/07 held that, although third-party pressure can constitute "some other substantial reason" justifying dismissal, when dismissing an employee in response to complaints from a major client, the employer was not entitled to disregard the issue of injustice caused to the employee.

  • Date:
    14 September 2007
    Type:
    Employment law cases

    Continuity of employment: Casual worker's continuity not broken by holiday

    In Vernon v Event Management Catering Ltd EAT/0161/07 the EAT held that a casual worker who, with the exception of a single two-week break to take a holiday, worked every week for more than three years was an employee and had sufficient continuity of service to claim unfair dismissal. He could demonstrate the existence of a contract of employment in each week during the relevant period and the period of holiday did not break his continuity of employment.

  • Type:
    Employment law cases

    Case round-up

    Judith Harris, professional support lawyer at Addleshaw Goddard, outlines the latest legal rulings.

  • Date:
    18 July 2007
    Type:
    Employment law cases

    Termination of contract: An employee's apparent resignation was in fact a dismissal

    In Sandhu v Jan de Rijk Transport Ltd [2007] IRLR 519 CA the Court of Appeal held that when an employee negotiated severance terms and resigned during a meeting called without advance warning to effect his dismissal in circumstances where he had no time to reflect or seek advice, the only conclusion open to the tribunal as a matter of law was that he had been dismissed.

  • Date:
    11 July 2007
    Type:
    Employment law cases

    TUPE: Share transfers

    In Millam v The Print Factory (London) 1991 Ltd [2007] IRLR 526 CA, the Court of Appeal held that where the operation - as opposed to the ownership of a business - transferred to a new owner, TUPE applied notwithstanding that the business was acquired on a sale of shares.

About this topic

HR and legal information and guidance relating to unfair dismissal.