The requirements when communicating a dismissal were looked at by the Employment Appeal Tribunal (EAT) in the recent case of Sandle v Adecco . Overall, the EAT found for the respondent and dismissed the appeal, supporting the Employment Tribunal in the contention that a dismissal cannot be implied solely by the inaction of an agency … Continued
‘How can I resolve my dispute with this employee without ending up in an Employment Tribunal?’ This is a question that often vexes employers. One worry is that offers and comments made in negotiations will be used against the employer if a claim arises. There are, however, two shields an employer (or employee) can try … Continued
The case of Lodge v (1) Dignity & Choice in Dying; (2) Compassion in Dying considered whether Mrs Lodge, an Australian citizen who worked remotely for a UK charity from her home in Melbourne, was able to bring a claim for unfair dismissal against the charity in the London Employment Tribunal.
Can an employee resign in response to the employer’s conduct and claim constructive unfair dismissal if they have committed gross misconduct or breached their contract of employment? The Employment Appeal Tribunal considered this point in Atkinson v Community Gateway Association, holding that the employee does not give up their right to resign just because they … Continued
It is a common misconception that evidence obtained via covert recordings is inadmissible in Employment Tribunal proceedings. In fact, the tribunal has a wide discretion over what evidence can be considered. This was explored by the Employment Appeal Tribunal (EAT) in the case of Punjab National Bank (International) Ltd and others v Gosain.
An employee who has the requisite length of continuous employment has the right not to be unfairly dismissed. There are five potentially fair reasons for dismissing an employee. These include conduct, capability, redundancy, breach of a statutory restriction and some other substantial reason (SOSR). The latter is a catch-all provision encompassing a wide variety of … Continued
This article examines the decision of the Employment Appeal Tribunal (EAT) in the case of Mr Martin Symonds t/a Symonds Solicitors v Miss S Redmond-Ord, where, unusually, an employee was awarded compensation for loss of earnings arising from constructive unfair dismissal prior to termination of her employment. Unpaid leave Mr Symonds was a solicitor and … Continued
Reinstating an employee who has been dismissed might not prevent an employer from facing an unfair dismissal case, if the employee resigns and claims constructive unfair dismissal. This article looks at the risks an employer faces and gives guidance on reducing those risks, following the recent decision of the Employment Appeal Tribunal (EAT) in the case … Continued
Does a provision, criterion or practice (PCP) that requires mothers to work weekends on a rota basis amount to unlawful discrimination at work? This is the question that the tribunal faced in the case of Shackletons Garden Centre Ltd v Lowe . Miss Lowe was a full-time cashier who worked at least five shifts a … Continued