EAT agrees: no fair reason for dismissal if Respondent doesn’t provide one
His Honour Judge Auerbach has reiterated the importance of properly pleading the case in his decision in Upton-Hansen Architects (“UHA”) v Gyftaki. ..
Covertly recording a meeting can amount to misconduct
The claimant was a financial accountant for a charity called Phoenix House. She claimed that she was being improperly treated by her company during a large restructuring...
Long-term disability dismissal frustrates entitlement to benefits
In Awan v ICTS Ltd the EAT found an implied term that where an employee is contractually entitled to long-term disability benefits, they will not be dismissed for continuing incapacity...
Resignations - Clarifying the Termination Date is Key
The Court of Appeal recently confirmed that an ambiguous letter of acceptance of resignation from an employer did not vary the original termination date by agreement. JLT Speciality v Craven..
Successful appeal erases dismissal
In the recent case of Patel v Folkstone Nursing Home Ltd, the Court of Appeal held that an employee had not been dismissed by his employer as his internal appeal..
Right to work check: Failure to give right of appeal following dismissal, found to be unfair
As we have previously blogged, if an employee fails to produce evidence of his right to work in the UK, it will not necessarily be fair for an employer to..
Qualifying period for Unfair Dismissal Claims
If an employee is dismissed for gross misconduct just short of 2 years service, s/he cannot add on statutory minimum notice so as to qualify to bring an unfair dismissal..
‘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..