Unfair dismissal

New and updated

• Type:

  Employment law cases

  Disability discrimination: Dismissal for poor attendance was harsh but fair

  In Kelly v Royal Mail Group Ltd, the Employment Appeal Tribunal held that a long-serving employee's dismissal for frequent absences in accordance with the employer's attendance policy was harsh but fair.

• Type:

  Employment law cases

  Dismissal for inappropriate religious conversations was fair, rules Court of Appeal

  In Kuteh v Dartford and Gravesham NHS Trust, the Court of Appeal held that the NHS trust fairly dismissed a Christian nurse for initiating inappropriate conversations about religion with patients in breach of a lawful management instruction.

• Type:

  Employment law cases

  Social media misconduct: Dismissal without notice pay leads to wrongful dismissal

  In Atherton v Bensons Vending Ltd, an employment tribunal held that a small employer fairly dismissed an employee who made a personal attack on the managing director on Facebook. However, the claimant's wrongful dismissal was upheld because the employer could not show that his behaviour was so serious that it was entitled to dismiss him without notice pay.

• Type:

  Employment law cases

  Unfair dismissal: EAT considers seriousness of fire safety breach

  In Wilko Retail Ltd v Gaskell and another, the Employment Appeal Tribunal (EAT) held that an employment tribunal applied the wrong approach when assessing the reasonableness of the employer's decision to dismiss two employees for breaching its signing in and out policy.

• Type:

  Employment law cases

  Social media misconduct: Snapchat posts increased tiger kidnapping risk

  In Elliott v RMS Cash Solutions Ltd, a Northern Ireland tribunal held that a cash transit firm fairly dismissed an employee whose Snapchat posts revealed a colleague's personal details. The posts increased the risk of "tiger kidnapping", which involves staff or their families being kidnapped to force staff to help commit a crime.

• Type:

  Employment law cases

  TUPE: Dismissal prior to transfer for reasons "personal" to employee was unfair

  In Hare Wines Ltd v Kaur and another, the Court of Appeal upheld the tribunal's decision that the employee's dismissal was automatically unfair by reason of a TUPE transfer because the employer had not taken action to resolve her poor working relationships prior to the transfer, but did so by dismissing her at the time of the transfer.

• Type:

  Employment law cases

  Dismissal for urinating in loading yard was unfair and something arising from disability

  In Asda Stores Ltd v Raymond, the Employment Appeal Tribunal (EAT) upheld the tribunal decision that the employer's failure to conduct a reasonable investigation and to take reasonable care during the disciplinary process made the employee's dismissal unfair. The EAT also upheld the tribunal's ruling that his dismissal arose from his disability.

• Type:

  Employment law cases

  Redundancy: Failure to fulfil contractual obligation to offer trial period for alternative role

  In George v London Borough of Brent, the Employment Appeal Tribunal (EAT) held that the employer's failure to comply with a contractual obligation to offer a redundant employee a trial period for a possible alternative role was likely to render the dismissal unfair.

• Type:

  Employment law cases

  Dismissal for some other substantial reason was fair despite no warning

  In Hawkes v Ausin Group (UK) Ltd, the Employment Appeal Tribunal (EAT) held that the employer's failure to hold a meeting with a reservist employee, before making the decision to dismiss, did not make the dismissal for some other substantial reason unfair.

• Type:

  Employment law cases

  Notice to department did not constitute resignation from employer

  In East Kent Hospitals University NHS Foundation Trust v Levy, the Employment Appeal Tribunal (EAT) held that an employee's letter of notice to her department did not amount to a resignation from the respondent's employment because the wording used was ambiguous.