Category Archives: Unfair dismissal

Case update (2):  When investigation meetings are (not) necessary

investigations
Summary:  Is there a legal requirement to hold a separate investigation meeting before a disciplinary meeting in order for a dismissal to be fair? No says the EAT in Sunshine Hotel Ltd t/a Palm Court Hotel v Goddard, available here.  The requirement is to carry out such investigation as is reasonable in all the circumstances.…
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Case update (3):  Unfair dismissal – Who’s in the know?

dismissed
Summary:  Is the knowledge of a person other than the dismissing manager, relevant to the fairness of a dismissal? Yes, says the EAT in Uddin v London Borough of Ealing, available here. Background:  The Supreme Court in Royal Mail v Jhuti (see our update here) held that where the reason for a dismissal given in…
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Case update (3):  Unfair Dismissal – Disclosure of Salary Details

dismissed
Summary:  Was it gross misconduct to discuss the salary of a senior employee? No, says the EAT in Jagex Ltd v McCambridge available here. Facts:  Mr McCambridge, the employee, was employed by Jagex Ltd, the employer.  Mr McCambridge found a visa application for a very senior employee that had been left on a communal printer…
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Case update (3): Discrimination – Beware False Reasons for Dismissal 

dismissed
Summary:  If an employer lies (albeit in good faith) about the reason for dismissal, is that enough to shift the burden of proof in a discrimination case? Yes, says the Court of Appeal in Base Childrenswear Ltd v Otshudi available here. Facts:  The employee, Ms Otshudi, worked at Base Childrenswear Ltd, the employer. The employee…
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Case update (3): Unfair Dismissal and Investigations

investigations
What do we already know? We updated you in our August 2016 Newsletter (Case update (2): Unfair dismissal:  HR teams careful where you tread…) on the case of Dronsfield v University of Reading. The EAT confirmed that HR’s involvement in a disciplinary investigation, which goes beyond simply providing advice as to process, can compromise the…
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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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