Unfair dismissal fact sheet
Our latest fact sheet looks at unfair dismissal. Our series of factsheets is intended to cover topics which individuals may find of particular interest or, which are universally relevant but tricky to navigate. Our aim is to give basic facts… Read on
Dismissal for misconduct: Supreme Court rules on fairness
The Supreme Court recently considered whether it was fair to dismiss a head teacher who failed to disclose her relationship with a convicted sex offender. In doing so the highest court in the UK appeared to question familiar case law… Read on
Dismissal of pregnant employee was lawful rules EAT
Under the Equality Act 2010, it is unlawful to discriminate against employees who are pregnant or have recently given birth. But what happens if an employer decides to dismiss an employee, then finds out that she is pregnant before it… Read on
Court of Appeal rules in “slave” domestic worker case
The national minimum wage protects workers in the UK by guaranteeing them a minimum hourly rate. Employees can resign and claim constructive dismissal in response to a serious breach of contract by their employer. So, if an employee is unaware… Read on
Compensation increases from 6 April 2018 confirmed
From 6 April 2018 it will be more expensive for employers to make employees redundant and, if a dismissal is found to be unfair by an employment tribunal, the potential amount of compensation payable will also increase. The legislation implementing… Read on
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
Redundancy rights and wrongs: what to check if your job is at risk
The law which applies when an employer wants to make staff redundant is complex and it is easy for organisations to make mistakes. Retail giants Tesco and Sainsbury announced recently they were making significant numbers of staff redundant. It is… Read on
Gross misconduct: do you need to follow a disciplinary procedure?
If an employer does not follow a disciplinary procedure correctly, an employment tribunal is entitled to find that any subsequent dismissal is unfair. A key point for any employer is to make sure it carries out as much investigation into… 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
“Oh ****, she’s pregnant”
We report on a case where the redundancy of an employee returning from maternity leave was tainted by sex discrimination. Background In this case, Fidessa Plc v. Lancaster, Ms Lancaster was made redundant after returning from her second period of… Read on