Category Archives: Unfair dismissal

Case update (1): A constructive unfair dismissal case

Summary: Can an employee be constructively dismissed during a redundancy process when an employer seeks to “map” their role into a new role, rather than treat the employee as redundant? Yes, says the EAT in Argos Limited v Ms K Kuldo available here. Facts:  Ms Kuldo, the employee, was employed by Argos, the employer, as…
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Case update (2):  Unfair dismissal – Remedy of Re-Engagement

Summary: Can a Tribunal order re-engagement where the employer believes that trust and confidence has broken down? No, not if the belief is rationally held, says the EAT in Kelly v PGA European Tour, available here. Facts:   The employee, Mr Kelly, was employed by the Professional Golfers Association (PGA), the employer, in 1989 as Marketing…
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Case update (1): Redundancy – Casual Work an Alternative to Dismissal?

Summary: Do employers need to offer employees casual work before a fair dismissal for redundancy? Not unless it would avoid the redundancy, says the EAT in Aramark (UK) Ltd v Fernandes available here. Background: Before employers dismiss an employee by reason of redundancy, they have a responsibility to take reasonable steps to identify opportunities for…
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Case update (3): Unfair dismissal – Poor Financial Prospect – No Bar to Claim

Summary:  Can an unfair dismissal claim proceed even if there is no real possibility the employee will be awarded financial compensation? Yes, says the EAT in Evans v London Borough of Brent (available here). Facts:  Dr Evans, the employee, was Deputy Head Teacher of the Copland Community School, the employer.  Allegations were made that members…
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Case update (1): Unfair dismissal – The ‘Vanishing dismissal’

Summary:  Where a dismissed employee brings an internal appeal, which results in their re-instatement, should they be treated as if the employment relationship had remained in existence throughout the appeal process? Yes, says the EAT in Phoenix Academy Trust v Kilroy, available here, even if the employee made it clear when appealing that they have…
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Case update (2): Unfair dismissal – Personality clash S.O.S.R. dismissal

Summary:  Can a dismissal be fair in the absence of any procedure or right of appeal, when there is a personality clash between two senior members of staff resulting in an irreparable relationship? Yes, says the EAT in Gallacher v Abellio Scotrail Limited available here. Facts:   Mrs Gallacher, the employee, was a senior manager at…
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Case update (3): Unfair dismissal – Anonymous witnesses

Summary:  Is it unfair for an employer to dismiss an employee based on the evidence of an anonymous witness? Not necessarily, says the EAT in Tai Tarian Ltd v Christie, available here. Background:  During the investigation stage of employers’ internal procedures there maybe witnesses who wish to remain anonymous. To rely on such evidence, the…
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Case update (2):  Unfair dismissal – What work counts for Continuous Service?

reading employment contract
Summary:  Does ‘unofficial’ work prior to formal start date count towards a period of continuous employment? No, says the EAT in R O’Sullivan v. DSM Demolition Ltd, available here. Background:  Employees have the right under the Employment Rights Act 1996 (ERA) not to be unfairly dismissed, provided they have been continuously employed for a period…
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Case update (3):  Redundancy – Careful of selection by interview

waiting for interview
Summary:  Can an employer reasonably rely on just an interview process when considering redundant employees for ‘alternative employment’ which is essentially the same as their current role? No, says the EAT in Gwynedd Council v Barrett, available here. Facts:  The employer, Gwynedd Council, decided to implement a reorganisation of the schools in the local area.…
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Case update (1): Unfair dismissal – is it the last straw?

Summary: If an employee resigns in response to a trivial act (which they consider the ‘last straw’) is previous conduct by an employer still relevant when deciding whether the employee has been (constructively) unfairly dismissed? Yes, held the EAT in Williams v Alderman Davies Church in Wales Primary School (available here). Background:   In order to…
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