‘Serious misconduct’ dismissals- Must there be prior warnings?
The recent EAT decision of Quintiles Commercial v Barongo held that even in the absence of any prior warnings, a dismissal for misconduct is not necessarily unfair where the conduct..
Constructive Dismissal: Substantial pay reduction cannot amount to a ‘reasonable or proper’ cause
An employee can be unfairly dismissed if they resign as a result of an employer’s repudiatory breach, known as ‘constructive dismissal’. ..
Constructive Dismissal: Final Straws Cannot Revive Previously Affirmed Breach
In Pets at Home Ltd v MacKenzie, the EAT held that if a breach of contract has been affirmed by an employee, a further breach by the employer cannot revive..
Head teacher’s failure to disclose relationship was gross misconduct
This week (in Reilly v Sandwell Metropolitan Borough Council), the Supreme Court, has found that a head teacher's failure to disclose her relationship with a man who had been convicted..
Caution: Non-renewal of fixed term contract was unfair dismissal
The recent case of Royal Surrey County NHS Foundation Trust v Drzymala serves as a reminder to employers that the non-renewal of a fixed term contract will be a dismissal..
Protected conversations – an exception to the protection…
Pre-termination discussions between employer and employee are protected and cannot usually be referred to by either party in a subsequent unfair dismissal claim...
Why honesty is always the best policy, when it comes to capability
Mr Rawlinson was dismissed by Brightside Group for poor performance, however, to soften the blow, Brightside told Mr Rawlinson that the reason for his dismissal was because his role was..
EAT hold that failing to evidence right to work is not an excuse to dismiss an employee
In Baker v Abellio London Ltd, the EAT overturned the ET’s original finding of a fair dismissal for illegality. ..
Double take: No higher threshold for ‘no fault’ SOSR dismissals
The EAT has held in Ssekisonge v Barts Health NHS Trust that the dismissal of a nurse whose identity raised concerns was fair on the ground of ‘some other substantial..
Notice of termination – the importance of timing
The Court of Appeal ruled in Newcastle upon Tyne NHS Foundation Trust v Haywood that in the absence of an express term in the contract of employment, notice was only..