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

What is unfair dismissal?

Unfair Dismissal is the name given to a claim that some employees can make to an employment tribunal to challenge an employer’s decision to dismiss them. Dismissals can either be unfair because of the procedure that was followed, or because… Read on

Coming to work smelling of alcohol: dismissal unfair

Mr McElroy, the Claimant in this case, was employed by an NHS Trust, and had direct responsibility for patients. The Employment Tribunal agreed that he did come to work smelling of alcohol, but that his subsequent dismissal for gross misconduct… Read on

Dismissal for offensive tweets unfair

How did the EAT approach the fairness of a dismissal for posting offensive tweets? The EAT has recently found that it was, indeed, fair to dismiss an employee for making offensive tweets in a case which highlights the considerations that… Read on

What is summary dismissal?

Summary dismissal is the termination of an employment contract by the employer without giving notice. There needs to be gross misconduct or other fundamental breach of contract on the part of the employee for the employer to be able to… Read on

Constructive dismissal – an essential guide

Constructive dismissal is one of the most frequent and important topics for legal advice at Springhouse. It is, however, commonly misunderstood. An employee needs to have resigned in order to bring a constructive dismissal claim, and this is naturally a… Read on

Dismissal for ill health: does ACAS Code apply?

The EAT has recently confirmed that the ACAS Code of Practice on Disciplinary and Grievance Procedures does not apply where a dismissal has been purely for health reasons. Background The ACAS Code says that it applies to dismissals for conduct… Read on