Automatically unfair dismissal

New and updated

• Type:

  FAQs

  Where employees are dismissed as a result of a TUPE transfer, will the dismissals be unfair?

• Type:

  Employment law cases

  Case round-up

  Sinead Jones is an associate, and Phil Dupres and Beckie Howlett are trainee solicitors at Addleshaw Goddard. They round up the latest rulings.

• Date:

  13 March 2012

  Type:

  Employment law cases

  TUPE transfers: move to new location across London entitled employees to resign

  The Employment Appeal Tribunal has held that employees who resigned after being faced with a change of place of work to a different part of London because of a TUPE transfer were constructively dismissed. 

• Date:

  8 March 2012

  Type:

  Employment law cases

  TUPE transfers: move to franchise model can be ETO reason for dismissal

  The Employment Appeal Tribunal has held that the dismissal of employees transferred to a company that engaged individuals only under a franchise agreement could amount to an economic, technical or organisational reason (ETO) for dismissal entailing changes to the workforce. 

• Type:

  Employment law cases

  Traffic warden's managers conspired to dismiss him on "trumped up" charges

  In this case, the employer plotted to dismiss an employee on "trumped up" charges, but he was vindicated by an employment tribunal that saw through the employer's sham disciplinary process.

• Date:

  1 February 2012

  Type:

  Employment law cases

  Unfair dismissal: Dismissal for health and safety reason can be automatically unfair where employer does not share employee's belief in danger

  In Oudahar v Esporta Group Ltd [2011] IRLR 730 EAT, the EAT held that a dismissal could be automatically unfair for a reason related to health and safety even though the employer genuinely did not share the employee's belief that a situation was dangerous, and dismissed him for his repeated failure to undertake a task that he thought was unsafe.

• Date:

  23 January 2012

  Type:

  Employment law cases

  TUPE: no need for contemplation of specific transfer for automatic unfair dismissal

  The Court of Appeal has held that, for there to be an automatic unfair dismissal under TUPE, there does not need to have been a particular transfer or transferee in existence or in contemplation at the time of the dismissal. 

• Type:

  Employment law cases

  Case round-up

  Tori O'Neil, Tessa Harland, Sarah Wade and Ed Gregory are associates at Addleshaw Goddard LLP. They round up the latest rulings.

• Type:

  Employment law cases

  Age discrimination against teenager dismissed at 18 to avoid national minimum wage increase

  In this case, the industrial tribunal in Northern Ireland described a small employer's decision to dismiss a young worker to avoid having to increase her pay from £4.00 to the national minimum wage rate of £4.92, when she reached the age of 18, as "callous".

• Date:

  23 August 2011

  Type:

  Employment law cases

  EAT upholds decision that former NHS trust chief executive was dismissed for making protected disclosure

  The Employment Appeal Tribunal has upheld the employment tribunal decision that a former NHS trust chief executive was automatically unfairly dismissed for making a protected disclosure.