Category Archives: Unfair dismissal

Case update (5):  Unfair dismissal – Who’s in the know?

dismissed
What do we already know? We updated you in our December 2019 Newsletter here on the Supreme Court decision in Royal Mail v Jhuti.  The Court decided that tribunals have a duty to look beyond a dismissing manager’s reason for dismissal if they are influenced by another manager (senior to the employee) who hides the…
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Government reforms (5):  ACAS Guidance – Fire and rehire

reading employment contract
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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Government reforms (4):  Compulsory vaccinations – Healthcare

covid vaccination
  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. We also…
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Case update (6): Unfair dismissal – Focus on final warnings

written warning
Summary:  Should a tribunal re-evaluate a final written warning when considering if a capability dismissal was fair? No, says the EAT in Fallahi v TWI (available here). Not unless the warning was given in bad faith and ‘manifestly inappropriate’. Background: Following a fair dismissal procedure often includes giving warnings, including a final written warning, before…
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Government reforms (3): ACAS Guidance – Care home vaccinations

nursing home
The guidance encourages consultation with recognised trade union or employee representatives, which should cover (among other things): 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…
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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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