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Unfair dismissal

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  • Date:
    1 August 1996
    Type:
    Employment law cases

    Dismissal: Imposition of new terms amounted to express dismissal

    The unilateral imposition of a continuous rolling shift pattern in place of the traditional shifts previously worked by employees in accordance with their contracts amounted to an express dismissal of those employees, who reserved their right to complain of unfair dismissal even though they worked under the new system, holds the EAT in Alcan Extrusions v Yates and others.

  • Date:
    15 June 1996
    Type:
    Employment law cases

    Transfer of undertakings: Employee's objection to transfer meant no dismissal

    An industrial tribunal was entitled to find that an employee objected to transferring to a new employer and informed his employer of that objection, holds the EAT in Hay v George Hanson (Building Contractors) Ltd.

  • Date:
    15 June 1996
    Type:
    Employment law cases

    Misconduct: Aggravating factors justified disparity of treatment

    An employee was fairly dismissed for misconduct even though another employee who was guilty of the same conduct was treated differently and given a final written warning, holds the EAT in London Borough of Harrow v Cunningham.

  • Date:
    31 December 1995
    Type:
    Employment law cases

    Steelprint Ltd v Haynes

    In Steelprint Ltd v Haynes EAT/467/95, the Employment Appeal Tribunal held that the dismissal of an employee after the employer had restructured her job but failed to provide training in the new skills required was unfair.

  • Date:
    1 November 1995
    Type:
    Employment law cases

    Trade union activities: Consent to recruit members did not bar criticism of employer

    In Bass Taverns Ltd v Burgess, the Court of Appeal holds that a shop steward who resigned after he was demoted for making disparaging remarks about the employer to trainee managers was unfairly constructively dismissed for taking part in trade union activities at an appropriate time.

  • Date:
    1 November 1995
    Type:
    Employment law cases

    Misconduct: Dismissal of abusive employees was fair

    An employer's decision to dismiss three employees who became drunk, abusive and violent after a seminar aimed at improving their "behavioural skills" was manifestly reasonable, holds the EAT in Whitbread Beer Company v Williams and others.

  • Date:
    1 July 1995
    Type:
    Employment law cases

    Redundancy: Discovery of assessment forms must relate to issues raised

    In British Aerospace plc v Green, the Court of Appeal considers the guiding principles for ordering discovery of marked assessment forms in cases where redundant employees claim that they were unfairly selected.

  • Date:
    1 June 1995
    Type:
    Employment law cases

    Misconduct: Inconsistent treatment not established

    An industrial tribunal was not entitled to find that allegedly inconsistent treatment of employees rendered a dismissal for misconduct unfair, holds the Court of Appeal in Paul v East Surrey District Health Authority.

  • Type:
    Employment law cases

    Narrow interpretation for new safety rights

    In Baddeley v Mehta t/a Supascoop, an industrial tribunal holds that a new right to claim unfair dismissal on grounds of health and safety does not apply to an employee who had resigned.

  • Date:
    1 May 1995
    Type:
    Employment law cases

    Unfair dismissal: Dismissal of competing employee was fair

    An employer is entitled to expect that an employee will not compete with it for contracts with existing customers, holds the EAT in Adamson v B&L Cleaning Services Ltd.

About this topic

HR and legal information and guidance relating to unfair dismissal.