Fixed-term employee wins unfair dismissal claim

The Employee Appeal Tribunal (EAT) recently confirmed that an employee whose fixed-term contract was not renewed was unfairly dismissed. Legally, when an employee’s fixed-term contract is not renewed after it expires, that is a dismissal (section 95(1)(b) of the Employment… Read on

Taxation of termination payments: some changes delayed

It was previously announced that the Government intended to start charging employer National Insurance Contributions on termination payments above £30,000 from April this year. However, it has now been confirmed that this change will not take effect until April 2019.… Read on

Employing foreign workers: when can you dismiss fairly?

An employer who employs a foreign worker often finds themselves caught between a “rock and a hard place” when it comes to dismissal. On the one hand they must comply with unfair dismissal law, as they would for any other… Read on

Personal liability for whistleblowing compensation

In International Petroleum Ltd v Osipov (click here for full judgment) , a non-executive director (retained on a non-employed basis to make decisions for the company) instructed another non-executive director to dismiss the Claimant, who had brought to the first… Read on

Whistleblowers – Meaning of ‘public interest’ clarified

The Court of Appeal in Chesterton Global Ltd v Nurmohamed confirms that a complaint by a worker about unlawful conduct committed by the employer which is mostly personally motivated may nevertheless have the protection of the whistleblowing legislation if the… Read on

Poor attitude constitutes gross misconduct

We report on a further case sanctioning the dismissal of an employee for poor conduct. Background In April 2017, a judgment was handed down by the Court of Appeal in the case of Adeshina v St George’s University Hospitals NHS Read on

Tribunal awards £2 compensation

A Tribunal has recently awarded just £2 in compensation for an employer’s breach of the employee’s right to be accompanied to a disciplinary hearing. We explain how nominal damages of this kind can come about. Background In this case (Gnahoua… Read on