What is constructive dismissal? And, how do I prove it?

If you feel you have been forced to leave your job because your working situation has been made extremely difficult, you may be entitled to claim for constructive dismissal. What is constructive dismissal? Constructive dismissal occurs when an employee is… Read on

Can I be dismissed for whistleblowing?

If there is something at your workplace that causes you concern, you may wish or need to report it to someone. But will this be classified as ‘whistleblowing’? If so, can you be dismissed for whistleblowing? What is ‘whistleblowing’? The… Read on

Do I need a solicitor for redundancy?

Redundancy is one of a limited number of potentially fair reasons for dismissal from work. It occurs when your employer needs to reduce their workforce or close a business premises. If you are dismissed by reason of redundancy, you have… Read on

Fired for poor performance without warning

What the law says about dismissing employees The Employment Rights Act 1996 lists five fair reasons for dismissal: conduct capability redundancy statutory ban some other substantial reason Poor performance, also referred to as capability, can be a reason for… Read on

Dismissal due to capability

Dismissal owing to capability concerns may occur when an employee is not able to do their job to a required standard. ‘Capability’ is a potentially fair reason for dismissal. To be deemed fair by a tribunal, an employer needs to… Read on

Unfair dismissal compensation

To bring an unfair dismissal compensation claim, an employee must have worked for the employer for two or more years. There are a few exceptions, e.g. if the claim relates to automatic unfair dismissal, discrimination or whistleblowing. How is unfair… Read on

What happens if a whistleblower is wrong?

If you know or strongly suspect something is occurring at work that is unethical or illegal, and you feel that you must speak up, the law can provide protection. But what happens if a disclosure made by a whistleblower turns… Read on

Can you be fired while on furlough?

The Coronavirus Job Retention Scheme (CJRS), also known as ‘the furlough scheme’, has been extended until 30 September 2021. The amount of grant available to employers under the scheme will stay the same until 30 June 2021 and reduce thereafter.… Read on

Surge in New Coronavirus-related Employment Issues

As businesses struggle to deal with the fallout from the pandemic, claims made by employees against their employers in respect of unfair treatment are on the increase. Latest figures suggest employers are breaching employment law rules According to the Ministry… Read on

Ill health dismissal: does the ACAS Code apply?

The ACAS Code of Practice on Disciplinary and Grievance Procedures does not apply where someone is dismissed from work purely due to ill health. This means employers can dismiss someone for sickness without following the process recommended in the ACAS… Read on

Unfair to dismiss bus driver for failing drugs test

An employment tribunal has ruled that a bus driver was unfairly dismissed when his employer dismissed him for gross misconduct after he failed a drugs test.  There were no indications that the driver had been under the influence of drugs… Read on