Search results for Unfair dismissal and ill-health retirement
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Did you mean to type: Unfair dismissal and unhealthy retirement? (2 results)
29 results found showing 1 - 20
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Unfair dismissal and ill-health retirement
The EAT has held in First Leeds v. Haigh that a capability dismissal will normally be unfair if an employer who provides an enhanced pension on ill-health retirement dismisses an employee before taking reasonable steps to ascertain whether an employee is entitled to ill-health retirement. BackgroundMr Haigh worked as a bus driver for First Leeds. In 2005 he suffered two suspected strokes a...
Case | 1 Feb 2008
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Ill health retirees’ rights restricted
When an employee takes ill health retirement can they claim unfair dismissal? The EAT has decided no, as their employment terminates by mutual consent. This decision of the EAT in the case of Miller v. Governing Body of the Ridings High School provides some reassurance to employers. The case applies to circumstances that we see from time to time, where an employe...
Case | 26 Feb 2009
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Ill health dismissals: a cautionary note
Most employers are aware that dismissing an employee by reason of ill health can be a minefield. As well as potentially triggering disability discrimination liabilities, for those employees with one year or more of continuous service, an ill health dismissal could also give rise to a claim for unfair dismissal.Although, ill health is a potentially fair reason for dismissing an employee, employers must ensure that the dismissal itself is carried out following a fair and proper procedure.The very recent Employment Appeal Tribunal (“EAT”) decision in the case of First West Yorkshire Limited v ...
Case | 8 Jan 2008
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Fair dismissal procedure not linked to length of service
...dismiss. Mr S was dismissed by letter dated 23 September 2009 which he unsuccessfully appealed on the grounds that insufficient consideration had been given to: the occupational physician’s report; Mr S’s length of service; and the possibility of an ill health retirement. Mr S commenced unfair dismissal proceedings and the Employment Tribunal found that he had been unfairly dismissed because DCC had not followed fair procedure. The procedural defect was DCC’s failure to ascertain the true medical position from occupational health or Mr S’s GP and to take account of Mr S’s long ser...
Case | 9 Dec 2011
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Headache? Try new and improved law and regulation!
...rs, as this might well be immune from being connected to the transfer (and therefore void). Shoosmiths 18915 Ill health retirees' rights restricted The Employment Appeals Tribunal (EAT) has decided in the case of Miller v. Governing Body of the Ridings High School (2009) that employees can't claim unfair dismissal if they take ill health retirement as their employment terminates by mutual consent. The case applies where an employee who retired on ill health grounds brings a claim against their former employer. The ability to claim unfair dismissal is limited to those who: www.workplacelaw.net · a...
Magazine issue | 1 Apr 2009
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Same old: has health and safety really changed after the Young review?
...epay nearly £12,000, as well as carry out 250 hours of unpaid work and to pay £8,000 in costs. 30856 CASES IN BRIEf Whistleblowing hospital boss gets £1.2m compensation The former Chief Executive of Royal Cornwall Hospitals Trust has been awarded £1.2m in compensation after it was found he was unfairly dismissed as a whistleblower. He was allegedly dismissed after he raised concerns to the hospital board about plans to transfer some cancer services to Devon and called for a consultation on the plans. Mr Watkinson said the most important thing for him is to restore his good name and reputation. ...
Magazine issue | 1 Nov 2010
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Celebrating 35 years of the Health and Safety at Work Act
...nd Noise Induced Hearing Loss as there is likely to be extra protection in all areas for workers. Employers will need to be more proactive in creating and maintaining a safe place of work, something all workers are entitled to." 20645 an actual full-time worker as a comparator. This may present an unfair situation for part-time workers in small organisations, as identifying a full-time worker carrying out the same or broadly similar work will be challenging. "However, once a claimant can identify an actual comparator, an Employment Tribunal panel may take into account hypothetical comparators in...
Magazine issue | 7 Jul 2009
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It’s a WRAP
...4 NETWORK NEWS All the latest news from Workplace Law. 22 SHARP'S PROGRESS David Sharp, Managing Director of Workplace Law, talks to Sara Bean about Th!nk FM, the end of the printed magazine, and plans to establish the first Workplace Law international office. eMPLOyMent uPdate 13 NEWS Changes to unfair dismissal rules are announced, along with plans to charge for Tribunal claims, and a warning issued regarding agency workers tips. teChniCaL 38 THE DATA HEALTH AND SAFETY: A case in which a major retailer was fined £1m for asbestos offences highlights 45 END NOTE Judith Elliott, the Director of ...
Magazine issue | 2 Nov 2011
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A new age?
...m course n Ideal for busy managers n UK's leading employment law trainer for managers 123rf.com You will learn about: n n n n n n n n The purpose and principles of employment law Employment contracts Pay and working time Equality, diversity and discrimination law How to recruit legally and fairly Unfair dismissal and how to avoid it Managing change, reorganisation and redundancy Enforcing employment law and the Tribunal process New research from the Chartered Institute of Personnel and Development (CIPD) has revealed that recruitment demand for school leavers has fallen since last year, while emp...
Magazine issue | 5 Sep 2011
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Survival of the fit note?
...ay classroom course n Ideal for busy managers n UK's leading employment law trainer for managers You will learn about: n n n n n n n n The purpose and principles of employment law Employment contracts Pay and working time Equality, diversity and discrimination law How to recruit legally and fairly Unfair dismissal and how to avoid it Managing change, reorganisation and redundancy Enforcing employment law and the Tribunal process Workplace Law Magazine is published six times a year by Workplace Law Group. It is available free to premium members of the Workplace Law Network. For more information cal...
Magazine issue | 5 Jul 2011
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ETs on the rise
...13 Employment update | Case law hR case law Implications of the latest HR case law for employers ... Christian advising `faith in God' loses Tribunal claim A Christian homelessness prevention officer who advised a customer with an incurable illness to `put her faith in God' has lost his case for unfair dismissal and religious discrimination. Duke Amachree was suspended from his role at Wandsworth Borough Council in2009whenthewomanin question complained about the comment, which had come about when her illness was discussed during an interview about her housing situation. Mr Amachree, who had worke...
Magazine issue | 1 Sep 2010
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The world in your hands?
... can help your organisation get-to-grips with health and safety compliance. hR news Employers face tough 2010, warns lawyer Other legal developments that will influence the employment arena in 2010 include: · · · · istockphoto.com Latest HR news from workplacelaw.net ... NEWS IN BRIEF Maximum unfair dismissal claim cap reduced The maximum amount that an Employment Tribunal can award in compensation for unfair dismissal has fallen. According to law firm, Pinsent Masons, it is the first time the figure has ever dropped. From February 2010, the maximum award for unfair dismissal will fall from £...
Magazine issue | 8 Jan 2010
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Changes to Workplace Law Magazine
...mean in practice, asks Claire Fuller? 10 LEGAL UPDATE Carbon Reduction Commitment 2010 and an explanation of how the Corporate Manslaughter Act addresses diseaserelated deaths. teCHNiCaL 30 ThE DATA EAT: Disability discrimination in that the employer had failed to make reasonable adjustments; and unfair dismissal for an unauthorised interview broadcast. HSE: Prosecutions for a fatality under the Health and Safety at Work etc. Act 1974; and imprisonment for Gross Negligence Manslaughter 37 END NOTE Having a disability doesn't automatically `qualify' someone to provide advice in the built environme...
Magazine issue | 1 Sep 2009
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48: How the 48-hour working week could push employers to the max
...ss website, which will include the latest information about Management Standards and extra resources for line managers. 17308 1 February Increased Tribunal compensation limits will come into force. The maximum 'week's pay' for the purposes of calculating a redundancy payment or the basic award for unfair dismissal will increase from £330 to £350; the maximum statutory redundancy payment goes up from £9,900 to £10,500; the maximum compensatory award for unfair dismissal rises from £63,000 to £66,200, and guarantee pay (during any lay-off period) increases from £20.40 a day to £21.50. The new...
Magazine issue | 5 Feb 2009
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Terminate or fit to work?
...e DDA. This visit was for an opinion on ill health retirement but instead the OHA turned round and said they were fit to work with reasonable adjustments. Can the employer continue with the termination and if they did what would be the consequences? Would the employee have a case and for what - "unfair dismissal"?
Comment | 16 Mar 2010
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"We don't serve wheelchairs"
...in order to discriminate against others. McClintock has said that he will appeal to the Court of Appeal. 12090 CASES IN BRIEF An employer that dismissed a sales adviser for calling in sick by text message following the death of his brother has been ordered to pay almost £7,000 in compensation for unfair dismissal. 12453 The Agency appealed to the EAT on the grounds the tribunal had failed to give sufficient reasons for its decision. In particular, the tribunal had failed to give an adequate explanation as to why working from home would have alleviated any disadvantage Rowan had suffered. The EAT ...
Magazine issue | 1 Jan 2008
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Has the HSE lost its bite?
... making it easier for insolvent businesses to be transferred to new employers; provisions which clarify the ability of employers and employees to agree to vary contracts of employment in circumstances where a relevant transfer occurs; and provisions which clarify the circumstances under which it is unfair for employers to dismiss employees for reasons, connected with a relevant transfer. · · · Employment law New Transfer of Undertaking (Protection of Employment) Regulations (TUPE) will be implemented in April. The draft code on early leavers of occupational schemes outlines the rights of memb...
Magazine issue | 1 Apr 2006
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Old git, or still work fit?
... wish, whereas we are restricted. They can dump their waste material where they want, whereas we have tight and strict legislation. We have a minimum wage; they don't. UK staff culture is getting to the stage of `I must cut my hours back or else it will affect my family credit'. There are many more unfair employment laws, which is crippling UK manufacturing. David Bowling Production Director Harrod UK COMPANIES IN THIS ISSUE... Alcohol Concern ....................................... 16 Archant Regional Ltd.............................. 7 ASH ............................................................
Magazine issue | 1 Feb 2006
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Employment Law Round-up – February 2004
Employment experts Tarlo Lyons Solicitors provide a round-up of employment cases and legislation for February 2004. For more information on Workplace Law Network use the search tool at the top of the page. Compensation for injury to feelings is now available in unfair dismissal cases A landmark decision of the Court of Appeal in Dunnachie –v- Kingston upon Hull City Council was handed down recently reversing the 30 year established principle that an award of compensation for unfair dismissal cannot include an element to take account of an employee’s hurt fe...
News | 2 Mar 2004
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Internships – Are you breaking the law?
...first company to be prosecuted under the 24 NETWORK NEWS Special report from the Workplace Law Annual FM Legal Update and Conference. 46 DIARY Coming soon from Workplace Law. 14 CASE LAW Employee who sent offensive email from home computer was fairly dismissed; and Minister wins right to sue for unfair dismissal. 26 PROOF POSITIVE It's long been argued that too few senior roles are held in organisations by women, ethnic minorities or other For more information call 01223 431075 Visit recruitment.workplacelaw.net "The provisions of the Equality Act 2010 seem to be firmly in the Government's sig...
Magazine issue | 3 May 2011
