Category Archives: Unfair dismissal

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…
Continue reading

Case update (3): Disability discrimination – cause of misconduct

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…
Continue reading

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…
Continue reading

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,…
Continue reading

Case update (4): Redundancy – to bump or not to bump?

Summary:  In a redundancy situation, must an employee specifically raise ‘bumping’ before an employer needs to consider it? No, held the Employment Appeal Tribunal (EAT) in Mirab v Mentor Graphics (UK) Ltd, available here. Background:  Bumping occurs when an employee whose role is redundant is redeployed into another role, and the displaced occupier of that…
Continue reading

Blog: Lies, damn lies and dismissals

Anne-Marie Boyle, Partner
If a fairy dies every time an employee is given a fake reason for their dismissal, then there can’t be many fairies left out there. Well, not in my experience of over 20 years advising on employment law issues. Hand on heart, how many of you have told a poorly-performing employee that their job is…
Continue reading

Case update (1): Unfair dismissal – Investigation

Summary:  Can including too much information in an investigation report, in particular previous incidents which have not been the subject of disciplinary action, mean that a dismissal is unfair? No, says the EAT in NHS 24 v Pillar available here. Facts: The employee, Ms Pillar, was employed by NHS 24 (Scotland’s national telehealth organisation) as…
Continue reading

Case update (2): Tribunal awards – calculating a week’s pay

Summary:  Should a week’s pay include employer pension contributions, rather than just basic pay, for calculation of compensation for claims under the Employment Rights Act 1996 (including unfair dismissal and failure to inform and consult)? Yes, says the EAT in University of Sunderland v Drossou, available here. Facts:  Ms Drossou worked for the University of…
Continue reading

Case update (2): Unfair dismissal – Lack of appeal evidence not fatal

Summary: Can a capability dismissal be fair in circumstances where: (1) the appeal decision did not give reasons for rejecting the employee’s appeal; and (2) no member of the appeal panel gave witness evidence at the unfair dismissal Tribunal hearing? Yes, in circumstances where the appeal is a simple re-hearing says the EAT in Elmore…
Continue reading

Case update (1): Unfair dismissal – Poor attitude to change

Summary: Can an employee’s poor attitude to organisational change amount to gross misconduct and justify dismissal without notice, despite procedural irregularities? Yes, says the Court of Appeal in Adeshina v St George’s University Hospitals NHS Foundation Trust and others available here. Facts:  Ms Adeshina was employed as principal pharmacist in the Prison Service as part…
Continue reading