Category Archives: Unfair dismissal

Government reforms (3):  Guidance on mandatory vaccinations for care home staff

nursing home
What do we already know? We updated you in our July 2021 Newsletter Government reforms (2): Coronavirus (Covid-19): Mandatory vaccinations for care home staff that the Government announced that from October 2021 anyone working in a registered care home providing nursing or personal care would need to be fully COVID-19 vaccinated with both doses. What’s…
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Government reforms (2): Coronavirus (Covid-19): Mandatory vaccinations for care home staff

nursing home
What do we already know? We updated you in our Issue 2 Newsletter Coronavirus (COVID-19): Vaccinations – Can employers insist? on the issues involved in introducing a mandatory vaccination policy.  We advised that in certain circumstances it would be more reasonable to make the vaccine mandatory.  In particular, an employer’s Covid-19 risk assessment may find…
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Case update (2): Constructive dismissal and mending a health and safety breach

Summary:  Can a breach of the implied duty to take reasonable care of an employee’s health and safety be cured? Yes, but only before the breach becomes fundamental, says the EAT in Flatman v Essex County Council, available here. Background:  For employees to be successful in a constructive unfair dismissal claim they need to resign…
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Government reforms (4): ACAS report – Fire and rehire

What do we already know? The practice of fire and rehire (also known as ‘dismissal and re-engagement’) is a way in which an employer can change terms within employees’ contracts of employment by giving notice to terminate and offering re-employment on new terms. This strategy is generally used as a last resort where the change…
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Case update (5):  Unfair dismissal – remedy of re-engagement

What do we already know? We updated you in our October 2020 Newsletter Case update (2): Unfair dismissal – remedy of Re-Engagement that the EAT found in Kelly v PGA European Tour that a Tribunal should not order re-engagement where the employer holds the rational belief that trust and confidence has broken down. The employee…
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Case update (4):  Constructive unfair dismissal and grievance procedure

Summary:  Can an employee successfully claim constructive dismissal if they use the grievance procedure following the alleged breach of contract? Yes, says the EAT in Gordon v J & D Pierce (Contracts) Ltd available here. Background:  Constructive dismissals occur when an employee resigns in response to their employer’s repudiatory breach of the employment contract.  However,…
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Coronavirus (COVID-19): Vaccinations – Can Employers INSIST?

covid vaccination
Currently, as the UK goes through its priority groups, we are not yet in a situation where everyone has had the opportunity to be vaccinated (whether they wish to be or not). In particular, the priority groups are primarily set on the basis of age. Therefore introducing a mandatory vaccination policy now would likely be…
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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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