Category Archives: Unfair dismissal

Case Update (2):  Discrimination – Knowledge of Disability

Summary:  Where an employer is unaware of an employee’s disability at the time of dismissal, but learns about this disability at an appeal hearing, can the dismissal be disability discrimination? Yes, says the EAT in Baldeh v Churches Housing Association of Dudley and District Ltd, available here. Background:  Under the Equality Act 2010, a person…
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Case update (2): Contracts of employment – Long-term disability benefits

depression
Summary:  Is there an implied term that an employer will not dismiss an employee for incapability if that would frustrate entitlement to long-term disability benefits? Yes, on the facts, held the EAT in Awan v ICTS available here. Facts:  Mr Awan, the employee, commenced employment with American Airlines, the employer, as a security agent at…
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Case update (2): Unfair dismissal – Failure to postpone

dismissed
Summary:   Did an employer’s refusal to postpone a disciplinary hearing, due to the unavailability of the employee’s trade union representative, make the dismissal unfair? Yes, says the EAT in Talon Engineering Limited v Smith available here. Background:  Workers have a statutory right to be accompanied at disciplinary hearings by either a work colleague or their…
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Case update (2): Unfair dismissal – the vanishing dismissal

Summary:   Can an employee claim unfair dismissal if they have successfully appealed against their dismissal under a contractual disciplinary procedure? No, says the Court of Appeal in Patel v Folkestone Nursing Home Ltd available here. Facts:  Mr Patel, the employee, was a Healthcare Assistant at Folkestone Nursing Home Ltd, the employer.  Mr Patel was dismissed…
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Case update (3): Unfair dismissal – termination date

Summary: When an employee is dismissed without notice, is the termination date always extended by the statutory notice period? No, says the EAT, not in circumstances where the employee has committed gross misconduct. The case of Lancaster & Duke Ltd v Wileman is available here. Facts:  The employee, Ms Wileman, was summarily dismissed for gross…
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Case update (2): Unfair dismissal – Right to work and to appeal

dismissed
Summary:  Is it fair to refuse to give a right of appeal against dismissal, where the employer has reasonably (but mistakenly) reached the conclusion that an employee has no right to work in the UK? No, says the EAT in Afzal v East London Pizza Ltd t/a Dominos Pizza, available here. Facts:  Mr Afzal, the…
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Blog: Still able to say enough is enough

Rather like my recent blog on constructive dismissal, it is always helpful when their judgy-nesses have another look at your bread-and-butter employment law topics  –  in this case, ‘what type of conduct justifies a fair dismissal’? Two cases recently published have looked at this exact point. Two gross misconduct cases The first was Mbubaegbu v…
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Case update (3): Disability discrimination – cause of misconduct

discrimination
Summary: Can a dismissal for misconduct be discriminatory even if the employer does not know that a disability has caused the misconduct? Yes, says the Court of Appeal in City of York Council v Grosset available here. Facts:  The employee, Mr Grosset was employed as a teacher. He had cystic fibrosis, which the parties agreed…
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Case update (2): Unfair dismissal – waiting for the “final straw”

Summary:  Can an employee claiming constructive dismissal rely on a series of acts by an employer including a previously affirmed repudiatory breach of contract? Yes, held the Court of Appeal in Kaur v Leeds Teaching Hospitals NHS Trust, available here. Background:  There is an implied term of trust and confidence between employer and employee. This…
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Blog: Camels, broken backs and constructive dismissal

Constructive dismissal is a bit like the metaphorical bar of slippery soap. We all think we know what it looks like, but sometimes its concepts can be harder to grasp. From an HR perspective it is fairly easy to spot the actions that might provoke an immediate resignation – a significant change in someone’s duties,…
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