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Jun
15
2018

‘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..

May
10
2018

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’. ..

Mar
29
2018

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..

Mar
16
2018

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..

Feb
01
2018

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..

Jan
05
2018

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...

Dec
08
2017

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..

Nov
24
2017

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. ..

Apr
21
2017

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..

Apr
07
2017

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..



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