Effect of lying during disciplinary

In a recent decision a Claimant has had her unfair dismissal compensation payment reduced by 80% because she had lied during the internal disciplinary hearing that resulted in her dismissal. The Claimant had been asked to explain an email she… Read on

Not possible to retract a mistaken dismissal

In this recent case, the employer (CF Capital plc) had discussed with Miss Willoughby (their employee) the possibility of changing her employment to a self-employed role, to avoid redundancy. Miss Willoughby requested more information, but CF Capital thought she had… Read on

Is self-dismissal possible?

In January 2005, lorry driver Mr Zulhayir had a serious accident at work which left him unable to do his job. In June 2006, his employer, J J Food Services Limited, stopped receiving sick notes. They wrote to him saying… Read on

Residential to own-home care: TUPE does not apply

When Hillside House, a residential care home for vulnerable adults was closed, and residents re-housed into their own homes, 12 of Hillside’s former care workers brought Employment Tribunal claims for unfair dismissal and various salary related payments. The Employment Appeal… Read on

Facebook dismissal fair

An Employment Tribunal has recently backed JD Wetherspoons in dismissing an employee, Ms Preece, for posting negative Facebook comments about some customers. This was despite the customers having previously been abusive towards her. Ms Preece had also argued that she… Read on

Use of surveillance film unfair dismissal

Video evidence showed an employee signed off sick with a back injury clearing ice from his car, driving, carrying shopping and walking his dog. Using it to dismiss him proved a £50,000 mistake. Caterpillar Logistics Services had relied on the… Read on

Getting a business ready for sale: Unfair dismissal

The Employment Appeal Tribunal has confirmed that it will be unlawful to dismiss an employee simply to make a business more attractive for a purchaser, even when no purchaser has been identified. In this case, Spaceright Europe Ltd had dismissed… Read on

When is a final warning invalid?

A Court has held that an employer may not be able to rely on a live final warning to dismiss an employee, even though the employee did not appeal against the warning at the time. The case of Davies v Read on

Personal email dismissal fair

Employees sending chain e-mails outside work should beware. A recent Tribunal decision means their employment may be jeopardised as a result. In a non-binding decision, an Employment Tribunal has held that an employer was right to dismiss their employee for… Read on