Unfair dismissal
In Taylor v OCS Group Ltd [2006] IRLR 613 CA, the Court of Appeal holds that defects in the conduct of a disciplinary hearing are capable of being "cured" in an internal appeal even if it does not amount to a full rehearing of the issue. In addition, a deaf employee not given the opportunity to have an interpreter at his disciplinary hearing was not treated less favourably for a reason related to his disability.
In Scope v Thornett [2007] IRLR 155 CA, the Court of Appeal has stressed that employment tribunals are permitted to make reductions in the amount of compensation awarded for future loss of earnings where this involves speculation.
In Bolton School v Evans [2007] IRLR 140 CA, the Court of Appeal has held that protection against a detriment for making a protected disclosure does not extend to dismissal for conduct that is designed to demonstrate that the belief in the wrongdoing is reasonable.
In Lawson v Serco Ltd; Botham v Ministry of Defence; Crofts and others v Veta Ltd and others [2006] IRLR 289 HL, the House of Lords holds that employees will be entitled to claim unfair dismissal if working or based in Great Britain at the time of the dismissal. An employee posted abroad but retaining a strong connection with Great Britain may also be able to bring a claim.
In McCormack v Sanmina SCI UK Ltd [2006] All ER (D) 138 (Jul) EAT, the Employment Appeal Tribunal holds that redundancy dismissals that were procedurally unfair due to a lack of proper consultation were also unfair because of the employer's inconsistent approach to the assessment of willingness to work overtime and employees' skills range.
In Alexander and another v Bridgen Enterprises Ltd [2006] IRLR 422 EAT, the Employment Appeal Tribunal holds that two employees were automatically unfairly dismissed in breach of the statutory dismissal procedure because the employer had not provided sufficient information about their selection for redundancy in advance of the dismissal meeting.
In Willow Oak Developments Ltd t/a Windsor Recruitment v Silverwood and others [2006] IRLR 607 CA, the Court of Appeal holds that a refusal to sign post-employment restrictive covenants can amount to a potentially fair reason for dismissal. However, the tribunal was entitled to find that the way in which the employer had sought to impose the change was procedurally unfair.
In McLean v Rainbow Homeloans Ltd [2007] IRLR 14 EAT, the Employment Appeal Tribunal (EAT) has held that an employee was unfairly dismissed for asserting a statutory right when he refused to work extra hours that would have been a breach of the Working Time Regulations 1998.
In ABC News Intercontinental Inc v Gizbert EAT/0160/06, the Employment Appeal Tribunal (EAT) has held that there was sufficient mutuality of obligation for a contract of employment to exist where an individual had an implied duty to consider in good faith whether to accept or refuse work.
This week's case round-up from Eversheds, covering: constructive dismissal compensation; and injury to feelings awards.
HR and legal information and guidance relating to unfair dismissal.