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3377 results found showing 1 - 20
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New unfair dismissal laws will only apply to new starters
According to Greenwoods Solicitors, when the qualifying period for unfair dismissal rises to two years in April 2012, this change will only affect employees who begin employment on or after 6 April 2012. It is planned that those already in employment on 6 April 2012 will retain the right to bring a claim for unfair dismissal with one year’s continuous service. In October 2011 B...
News | 20 Jan 2012
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Court of Appeal decision on TUPE dismissal
The Court of Appeal has clarified the case law relating to when a dismissal is automatically unfair under TUPE, advises Kevin McCavish, a Partner at Shoosmiths. When there is a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE), affected employees are protected against dismissal. Regulation 7 says that if any employee ...
Case | 11 Jan 2012
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NHS Trust fined £933,000 for racial discrimination and unfair dismissal
Central Manchester University NHS Foundation Trust is to pay £933,000 in compensation for the racial discrimination and unfair dismissal of a former NHS divisional director. Elliot Browne’s 34-year long career in the NHS came to end in 2008, following the trust’s ‘discriminatory treatment from 2007 onwards’, an Employment Tribunal has ruled. The Tribunal awarded Mr Browne, aged 55, whose health was ‘severely affected’ ...
Case | 10 Jan 2012
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First social networking constructive dismissal claim
A human resources executive has claimed he was forced out of his job after putting his CV online and advertising that he was interested in other 'career opportunities', reports the Daily Telegraph. John Flexman, 34, is thought to be the first person in the country to bring a case for constructive dismissal after a dispute with bosses over his profile on the professional networking site, LinkedIn. Mr Flexman worked for BG Group, a major gas exploration firm based in Reading, Berks, where he earned a £68,000 salary in charge of graduate recruitment. As well as loading his CV on to the site, Mr Fle...
News | 6 Jan 2012
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Transfer need not be certain for dismissal to be unfair
A court has ruled that a TUPE transfer need not be certain nor the identity of a transferee known for a dismissal to be “connected” and automatically unfair. Bruno Baillavoine was employed as Chief Executive Officer of Ultralon Holdings Limited, a manufacturer of office equipment. In May 2008, the company was placed into administration and the same day, his employment was terminated. A month later, the bu...
Case | 16 Dec 2011
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Procedure claims don’t override unfair dismissal limits
.... In the case of Edwards v Chesterfield Royal Hospital NHS Foundation Trust, Mr Edwards alleged that his disciplinary panel was wrongly constituted in breach of contract and that, as a result, the panel made adverse findings against him which caused him reputational damage. In a claim for unfair dismissal in the employment tribunal he would have been limited to damages comprising a basic award (maximum £12,000) plus a compensatory award (maximum £68,400). In the High Court, he claimed financial losses to his retirement of more than £3.8 million. The court noted that Parliament has already provid...
Case | 15 Dec 2011
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Fair dismissal procedure not linked to length of service
The EAT has decided in Dundee City Council v Sharp UKEAT/0009/11 that fair dismissal procedure for long-term sickness absence does not vary according to the employee’s length of service. Mr S had been employed by Dundee City Council (DCC) for 35 years as a joiner. In September 2008, Mr S went on sick leave on account of depression and anxiety. He was absent until he was dismisse...
Case | 9 Dec 2011
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Supreme Court dismisses holiday appeal
The Supreme Court today handed down its decision in a case which has a significant impact on the holiday entitlement of workers who do not follow a standard 9 to 5 working pattern for five days each week throughout any given year. Had the appeal not been dismissed it could have had significance for
Case | 7 Dec 2011
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Inconsistent treatment did not result in unfair dismissal
...red the body of the machine to conduct the repairs. GM regarded this as a health and safety infringement and arranged a disciplinary hearing, at which AG was found guilty of gross misconduct and dismissed. AG’s appeal was dismissed under GM’s appeals procedure. AG brought a claim for unfair dismissal in the employment tribunal. The tribunal was satisfied that AG’s gross misconduct was a legitimate reason for the dismissal and that GM had a genuine belief that AG was guilty of gross misconduct. However, the tribunal then compared AG’s case with that of another employee (MS), who had com...
Case | 6 Dec 2011
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Unfair dismissal one-day hearings to happen within 16 weeks
Unfair dismissal claims are now being listed for hearing within 16 weeks of issue. The move is the result of a new listing policy adopted by Employment Tribunals in England and Wales. The claims are being listed for a one-day hearing on receipt of the claim form in an attempt to ensure that claims are heard more...
News | 20 Nov 2011
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Former UKBA chief to claim constructive dismissal
The former head of the UK Border Agency (UKBA), Brodie Clark, has stepped down from his role in a row over immigration checks. Mr Brodie’s union, First Division Association, confirmed he will now lodge a claim for constructive dismissal. Mr Clark was suspended after being accused of relaxing immigration controls beyond what Home Secretary Theresa May had asked for. Theresa May alleges that she had allowed some checks on European travellers to be relaxed for a four-month period from July, but said Mr Clark went further in scaling ...
News | 9 Nov 2011
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EAT gives guidance on post-TUPE transfer unfair dismissal
In a recent case - Enterprise Managed Services v Dance and others - the EAT was asked to consider when the dismissal of employees for failure to accept new terms and conditions following a TUPE transfer will be automatically unfair. The Transfer of Undertakings (Protection of Employment) Regulations 2006 state that any dismissal of an employee before or after a relevant transfer will be automatically unfair ...
Case | 8 Nov 2011
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Employer could not withdraw dismissal
The Court of Appeal has recently ruled that an employer who had dismissed an employee could not later withdraw that dismissal. CF Capital (CFC) wanted to cut costs without having to make staff redundant and asked the sales team whether anyone would consider becoming a self-employed contractor rather than an employee. They would be paid a monthly retainer plus a percentage of any sales they made. Ms Willoughby, an accoun...
Case | 1 Nov 2011
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Drivers with expired licences fairly dismissed
The EAT has ruled that two HGV drivers who were sacked for unintentionally allowing their licences to expire were fairly dismissed. The expirations meant that the drivers had been driving HGVs without licences or insurance. No accidents had occurred during the period when their licences were out of
Case | 14 Oct 2011
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Employee unfairly dismissed over second job whilst on sick
...d off sick, Imperial dismissed her, following a disciplinary, for intentionally defrauding them of "a large sum of money" by claiming sick pay while undertaking paid work. Ms Perry appealed but was unsuccessful. The Trust rejected the appeal but in doing so slightly altered its reasoning for the dismissal. It argued that a clause in Ms Perry's employment contract required her to obtain prior permission before working elsewhere during sick leave and that she had failed to do so. An employment tribunal dismissed Ms Perry's unfair dismissal claim and she appealed. The EAT held that the decision to ...
Case | 13 Oct 2011
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Unfair dismissal rules could discriminate against women
A lawyer has warned that the Government’s increase of the qualifying period for unfair dismissal from one year to two years could have some unexpected consequences. Jonathan Exten-Wright, a partner and employment expert at DLA Piper, said the law could be challenged on the grounds of discrimination against women. He said: “Statistically more women than men go in and out of the mark...
News | 5 Oct 2011
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Unfair dismissal rule changes officially confirmed
Changes to unfair dismissal rules have today been confirmed by Business Secretary Vince Cable and Chancellor George Osborne. The decision will see the qualification period for the right to claim unfair dismissal extended from one to two years. This will come into force on 1 April 2012. Ministers say the move could save B...
News | 3 Oct 2011
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BIS backtracks on unfair dismissal rules
The Government has denied that a final decision has been made on increasing the qualifying period for employees to bring an unfair dismissal claim from one to two years, as suggested in a reported published this week. In the Second Statement of New Regulation, the Government listed the steps it has taken to “cut the regulatory burden facing British businesses”. Amongst the actions listed, the report states that the Government has:...
News | 29 Sep 2011
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Dismissal over Facebook comments deemed unfair
... begun. Mrs Whitham was eventually sacked for putting the company’s reputation at risk, despite the fact she had written an “extremely contrite” and “grovelling” apology. The company said the comments could have damaged its relationship with Volkswagen. The tribunal found the reasons for dismissal were not reasonable, saying: “While we cannot rule out the possibility, it would seem to us that it would be a very strange world in which a company the size of Volkswagen (VW), working with a company the size of [Ventura], would terminate an important commercial agreement ... because of a number...
Case | 26 Sep 2011
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Unfairly dismissed worker had to be reinstated
... the care home was aware of her second job from the start of her employment and the staff handbook did not prevent employees from having a second job. After she was dismissed by her employer for misconduct on the grounds of failing to notify the care home of her second job, Ms B's claim for unfair dismissal was upheld. The ET concluded that the care home had not fully investigated matters, they were not familiar with their staff handbook, there were procedural defects in the dismissal and summary dismissal was too harsh a decision. Ms B was awarded £6,000 in compensation and the ET ordered her reins...
Case | 20 Sep 2011
