Category Archives: Unfair dismissal

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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Case update (3): Unfair dismissal – Poor Financial Prospect – No Bar to Claim

dismissed
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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