Unfair dismissal
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.
We look at three employment tribunal cases in which employers criticised or disciplined employees for their social media activities.
If an employer dismisses for gross misconduct, what does this mean for an employee's contractual rights? Does a failure to pay notice pay, make an otherwise fair dismissal unfair? Max Winthrop, partner at Sintons LLP, joins us to answer these questions and more, drawing on his legal and practical expertise. Max also shares his thoughts on the potential for significant change to employment law under the Retained EU Law (Revocation and Reform) Bill.
We look at three employment tribunal cases in which employers were held to have discriminated against employees because their age was a factor in their dismissal.
We look at four employment tribunal cases in which the claimants successfully argued that the mishandling of the disciplinary process rendered their dismissals unfair.
In Rentplus UK Ltd v Coulson, the Employment Appeal Tribunal held that an employer cannot escape the requirements of the "Acas code of practice on disciplinary and grievance procedures" by disguising a dismissal for misconduct or poor performance as a redundancy.
We look at three recent employment tribunal decisions where the actions of the employer led to successful unfair constructive dismissal claims.
We look at five recent cases in which employers have been found to have discriminated against employees who were pregnant or on maternity leave.
In Rodgers v Leeds Laser Cutting Ltd, the Employment Appeal Tribunal upheld a tribunal's decision that the employee's dismissal for refusing to return to the workplace because of concerns about the pandemic was not automatically unfair for a health and safety reason.
Max Winthrop guides you through everything you need to know about constructive dismissals and how they can be defended.
HR and legal information and guidance relating to unfair dismissal.