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
Long-term disability benefits: employer not entitled to dismiss
The Employment Appeal Tribunal (EAT) has ruled that an employer was not entitled to dismiss an employee who was on long-term sick leave and receiving benefits under a long-term disability scheme. It implied a term into the employee’s contract of… Read on
Is unfair dismissal and constructive dismissal the same thing?
In a nutshell, when someone is constructively dismissed from their employment, they may be able to claim unfair dismissal (which is a statutory right set out in legislation). However, they will need to meet the various eligibility requirements for bringing… Read on
What is the difference between unfair dismissal and wrongful dismissal?
Unfair dismissal and wrongful dismissal may be used inter-changeably by the lay person but, they do not mean the same thing! They are two totally different types of claims which may be bought by individuals against their ex-employer. We explain… Read on
What are the five fair reasons for dismissal?
Employees who have been employed for two years or more are protected against unfair dismissal and, if they are dismissed they may bring a claim in the employment tribunal. An employer may defend a claim for unfair dismissal by showing… Read on
Can employers still set a retirement age?
One of our partners, Katy Meves, was recently asked to answer this questions for the member publication for ICAEW chartered accountants, Economia. But, whether an employer can set a retirement age for its staff and essentially force people to retire… Read on
When is notice given by an employee not notice to resign? Recent EAT decision is warning for employers
Giving notice to your employer is a big step and one not to be taken lightly. Resigning from your job is not something that can usually be reversed – unless the employer agrees to this (they don’t have to). In… Read on
A quick guide to constructive dismissal
You may have heard the phrase “constructive dismissal” but, do you really know what it means? What does constructive dismissal involve and what are the legal implications when someone makes a claim for constructive dismissal? It’s a notoriously complicated area… Read on
Employer’s disciplinary appeal failure could be constructive dismissal
The Court of Appeal recently reiterated that the effect of a successful disciplinary appeal by an employee against his dismissal was that the dismissal effectively “vanished” and his employment was restored. He should be treated as if he had never… Read on
Long-term sickness absence: dismissal was unfair and discrimination for failure to consider part-time working
In Ali v Torrosian and others (t/a Bedford Hill Family Practice) the Employment Appeal Tribunal overturned a tribunal’s decision that there was no discrimination arising for disability. The case shows that while the tests for unfair dismissal and discrimination are… Read on