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
Right to work dismissals: EAT suggests employer should always give right of appeal
The Employment Appeal Tribunal (EAT) has overturned an employment tribunal’s decision that a dismissal was fair, notwithstanding that the employer offered no right of appeal against its decision to dismiss. Mr Afzal had been employed since 2009 and was a… Read on
Suspended from work? Everything you need to know
Acas has recently published new guidance on suspension. We explore the guidance and look at what you need to know should you be suspended from work on disciplinary grounds. When can I be suspended? People are usually suspended from work… Read on
Series of acts damaged trust and confidence and amounted to gross misconduct
An employer is entitled to terminate the employment contract without notice or pay in lieu of notice where there is an act or omission by the employee which amounts to gross misconduct (known as “summary dismissal”) . The crucial question… Read on
Can I claim unfair dismissal if I haven’t been employed for 2 years?
The general rule is that only employees who have been employed continuously for two years or more can bring a claim of unfair dismissal in the employment tribunal if their employment is terminated. However, there are some important exceptions to… Read on
Employer liable for discrimination even though it didn’t know conduct was linked to disability
The Court of Appeal recently had to decide whether it had been an act of disability discrimination for an employer to dismiss an employee for misconduct which it did not know at the time, was related to the employee’s disability?… Read on
Constructive dismissal: pay cut entitled employee to bring claim
The Employment Appeal Tribunal (EAT) recently considered the implications of an employer enforcing a drastic pay cut on an employee. Background Commonly, an employee’s constructive dismissal claim will be based on a breach of implied term of mutual trust and… Read on
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