Judgement published:
Termination

The Employment Appeal Tribunal (EAT) has provided further clarification on how statutory and contractual redundancy pay should be provided to employees. When an employee is made redundant they are entitled to receive statutory redundancy pay if they have at least two years’ continuous service. The payment is calculated on the basis of an employee's age, length of service and weekly pay, subject to a weekly maximum. In addition to this, organisations may also provide enhanced, or contractual,…

Judgement published:
Discipline and grievance , Termination

The Employment Appeal Tribunal (EAT) has ruled that an employee was not unfairly dismissed despite content being removed from an investigation report into his conduct that expressed views in his favour. Before undertaking a disciplinary procedure into alleged misconduct, organisations must first carry out a thorough investigation into the allegations. Acas recommends that the report produced from any investigation should not, from the facts gathered, provide an opinion on what the outcome…

Judgement published:
Termination

The Court of Appeal has upheld the earlier decision of the EAT that the doctrine of illegality did not render an employment contract unenforceable due to the immigration status of the employee, as the employee had been unaware that she was no longer able to work in the UK. An employee or a worker who has been working under an illegal contract can be prevented from successfully bringing claims to an employment tribunal (ET) if they rely on said illegal contract to bring their claim. This is…

Judgement published:
Termination

  The Court of Appeal (CA) has reinforced the notion that the successful appeal of a dismissal means that continuality of employment is preserved, thereby meaning the employee's dismissal is considered to have 'vanished'.   Facts Mr Patel, who worked as a healthcare assistant, was dismissed for gross misconduct in April 2014 for sleeping on duty and falsifying residents’ records, the latter of which he was told would result in him being reported to the care home regulator for putting…

Discipline and grievance , Termination

Court of Appeal – March 2019 The Court of Appeal has ruled that a nurse was fairly dismissed on allegations she had engaged in inappropriate discussions with patients about religion. Article 9 of the European Convention on Human Rights (ECHR) provides that everyone has the right to freedom of religion and to manifest this religion. It also explains that this should only be subjected to limitations in the interests of public safety or protection of public order, health, morals or the rights…

Discipline and grievance , Termination

Employment Appeal Tribunal – April 2019 The Employment Appeal Tribunal (EAT) has ruled it was a breach of the implied duty of trust and confidence to serve an ‘informal improvement’ notice without first holding a meeting, as required under the disciplinary procedure. Facts The claimant, a nurse working for the Trust, was asked to switch on incubators in readiness for a procedure the following day. However, she had to leave work early due to a suspected mini-stroke and did not do this. The…

Terms and conditions , Termination

Court of Appeal – October 2018 The Court of Appeal has ruled that mistakenly referring to a different termination date than specified in an employment contract will not vary the date if there is no basis for inferring this intention. In this case, the employee joined an insurance broker in 2005 under an ‘Executive Employment Agreement’. This agreement was subsequently varied pursuant to a written addendum in 2012, which outlined that his employment would not expire before 31 December 2016…

Employees and workers, Termination

Employment tribunal – October 2018 The employment tribunal (ET) has ruled that dismissing an apprentice prior to the completion of their apprenticeship was in breach of contract. This case concerned an apprentice who entered into an arrangement with an organisation in Scotland, Express Joinery, under the auspices of the Construction Industry Training Board (CITB). This outlined an apprenticeship with an end date of January 2020. During his time working for Express Joinery the apprentice took…

Discipline and grievance , Termination

Employment tribunal – October 2018 The employment tribunal (ET) has ruled that the decision to dismiss one employee and not another when their conduct was ‘similar’ was fair as their actions were not ‘identical’. The claimant in this case had been unhappy because the annual Christmas gift provided to employees was of less value than previous years. A colleague, Mr Minshull, posted a Facebook status criticising this and comparing management to Ronald McDonald. Commenting on the status, the…

Termination

Employment Appeal Tribunal – October 2018 The Employment Appeal Tribunal (EAT) has held that not holding a meeting with an employee before making a decision to dismiss for SOSR did not amount to unfair dismissal. In this case, the employee operated as a voluntary reservist with the Royal Marines whilst maintaining his role within an organisation. As he needed additional time off for this commitment he had successfully negotiated a further week of unpaid leave upon acceptance of the role.…

Pay and benefits, Termination

Employment Appeal Tribunal – November 2018 Contractual term preventing ill-health capability dismissal whilst receiving PHI benefits implied by EAT. Facts The employee worked as a security agent under a contract entitling him to a long-term disability benefit plan, which expressly stated that the benefits would cease if his employment was terminated. In October 2012, the employee commenced sick leave due to depression and his employment was subsequently outsourced to ICTS under the…

Termination

Employment Appeal Tribunal – November 2018 Employment tribunal failed to consider employer’s breach of contractual obligation to provide a trial period when determining fairness of redundancy dismissal. Facts In a case which had already been remitted to the employment tribunal twice previously, since 2003 the employee worked as one of six Library Managers responsible for two libraries. In 2011, facing funding cuts, the council decided to close half of their libraries and reduce the…

Discipline and grievance , Termination

Employment Appeal Tribunal – June 2018 The EAT have examined whether an investigation which did not include statements from witnesses who had not seen the alleged incident was a reasonable investigation. Facts Pupil A made a report against a long-standing teacher that he had been grabbed, pushed against a wall and then had two fingers pushed against his throat. A second pupil, B, corroborated A’s story and named other potential witnesses as pupils OB, EB and GK. Pupil OB was interviewed…

Termination

Employment Appeal Tribunal – June 2018 The Employment Appeal Tribunal (EAT) has ruled that the intentions behind a letter of resignation should be clarified to correctly confirm if the employee does intend to leave the company.  Facts In this case, the employee had worked in the records department for her employer for around 10 years. She had recently experienced issues with an employee and had applied for a position in the employer’s radiology department, for which she had received a…

Judgement published:
Discipline and grievance , Termination

Employment Appeal Tribunal – June 2018 The Employment Appeal Tribunal (EAT) has ruled that the Employment Tribunal (ET) did not assess all evidence available when evaluating if employers carried out a reasonable investigation into allegations of theft. Facts In this case, an employee had worked at the Anne Arms bar since 2003. During that time, she had received no complaints regarding her conduct nor any indications of wrongful behaviour. In 2015, Mr and Mrs Falzon took over management…

Discipline and grievance , Termination

Employment Tribunal – August 2018 The employment tribunal (ET) has ruled that a primary school teacher accused of “grooming” a pupil was unfairly dismissed and discriminated against due to their sexual orientation.   Facts In this case, a primary school teacher had received a written warning in 2002 for inappropriate and unprofessional contact with a pupil. At the time it was found that nothing sinister had taken place and that the reason for the employee’s actions was that he was naïve…

Judgement published:
Termination

Employment Tribunal – August 2018 The Employment Tribunal (ET) has ruled that a dismissal is unfair if an employee’s length of service and clean record are not taken into account and if any additional issues leading up to a disciplinary hearing are not discussed at the hearing but are noted as reasons for dismissal.  Facts In this case, two employees, Mr Genus and Mr Kelly, had been employed by a company specialising in property repairs for over 20 years. In February and April 2017…

Termination

Employment Appeal Tribunal – June 2018 The EAT has ruled that an employer’s belief that an appeal would make no difference in a right to work dismissal was incorrect. The appeal could have provided opportunity for key evidence against the dismissal, not readily available at the time, to be submitted. Facts This case relates to a claimant who was employed as a delivery driver by the employers in October 2009. During his time working for the employers, he was noted as being a competent and…

Terms and conditions , Termination

Supreme Court – April 2018 The Supreme Court has clarified when written notice of dismissal becomes effective in the absence of an express contractual term. Facts This case concerned an associate director in the provision of community services for two NHS primary care trusts. Following a merger with the local NHS foundation trust, she was informed by letter that she was at risk of redundancy. She was offered alternative employment, but rejected the posts on the grounds they were at a…

Termination

High Court – April 2018 What duty of care does a reference writer owe when they include facts and opinions in a reference that are based on a previous investigation? Claims of negligent misstatement, a tortious claim, can be made against ex-employers if they provide an inaccurate reference to a potential employer. When writing references, the employer owes a duty of care to the employee. Previous cases have shown that this duty is to exercise reasonable skill and care to provide a true, fair…

Termination

Supreme Court – March 2018 Was a dismissal for failing to disclose close relationship with sexual offender within the band of reasonable responses? As well as showing they have a fair reason to dismiss and have followed a fair procedure, under s98(4) Employment Rights Act 1996 employers also have to show that, in all the circumstances, dismissal was a reasonable response. Parliament has previously introduced the Childcare Act 2006 and subsequent regulations which disqualify individuals from…

Termination

Employment Appeal Tribunal – February 2018 Was a company required to carry out collective consultation before being placed in compulsory liquidation? Facts Keeping Kids Company (KKC) was a charity that relied heavily on substantial donations and corporate sponsorship. In 2014, the charity was encountering significant financial difficulties and the government provided funding to the charity, subject to conditions, in early 2015 to help stabilise KKC. Financial difficulties continued,…

Family friendly and flexible working rights , Termination

Employment Appeal Tribunal – March 2018 Was a failure to review a dismissal decision, taken before the employee informed of her pregnancy, discrimination on pregnancy grounds and an automatic unfair dismissal? Under s99 of the Employment Rights Act 1996 and Regulation 20 of the Maternity and Parental Leave Etc Regulations 1999, a dismissal will be automatically unfair where the reason, or principal reason, for the dismissal is connected to the employee’s pregnancy. Pregnant employees are…

Termination

Employment Appeal Tribunal – January 2018 Was an employee’s effective date of termination changed when she received written notice of termination following an earlier summary dismissal? The effective date of termination is the date on which an employee’s employment ends. When this date occurs will depend on the type of dismissal, ie whether it was a dismissal with notice or a summary dismissal. This date is important because an employee has to present a claim for unfair dismissal within…

Terms and conditions , Termination

Employment Appeal Tribunal – January 2018 To act fairly when deciding not to renew an employee’s fixed-term contract, are employers only required to comply with the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002? The Regulations provide protection for fixed-term employees against less favourable treatment in comparison to a comparable full-time worker. This includes the right to not be treated less favourably regarding the opportunity to secure permanent…

Terms and conditions , Termination

Employment Appeal Tribunal – November 2017 Will the implied term of mutual trust and confidence be breached when an employer gives a false reason for dismissal? Facts Rawlinson commenced employment as Group Legal Counsel in December 2014. Before his appointment, the organisation used a variety of legal firms based on the required advice. Following the appointment of a new Chief Executive Officer in January 2015, concerns with Rawlinson’s performance were raised. Rawlinson was aware of…

Business principles , Termination

Employment Appeal Tribunal – November 2017 Did a failure to produce right to work documents justify a statutory illegality dismissal? Facts As a Jamaican national, Baker had the right to live and work in the UK under the Immigration Act 1971. He was employed as a bus driver from July 2012. In 2015, an audit was carried out by the organisation in to their employees’ right to work. They asked Baker to produce one of a list of documents that included a passport. He explained that he had…

Dispute resolution , Termination

Employment Appeal Tribunal – October 2017 When determining whether a tribunal has jurisdiction to hear claims from employees working overseas, the tribunal has to assess whether the employment has a stronger connection to Great Britain and British employment laws compared to the connection with the overseas territory.   Facts Green was a British national. He was married to a Lebanese citizen and had lived in the Middle East for over 15 years. He provided consultancy services to the…

Business principles , Termination

Court of Appeal - October 2017 Is a dismissal automatically unfair when the decision maker had no knowledge of protected disclosures, and was intentionally misinformed by the employee’s line manager? Facts Jhuti was employed on a six month trial period in the organisation’s MarketReach department. She noticed irregularities in the way colleagues were offering incentives to customers and believed these breached OFCOM guidance. Jhuti twice reported this to her line manager, by email in…

Judgement published:
Termination

Employment Appeal Tribunal - November 2012 An HR associate director was made redundant without consultation, following a restructuring exercise to protect the company from insolvency, during which a new role of HR director was created. The EAT found this to be lawful because the new role required a more highly-qualified and experienced candidate, and consulting the associate director would not have affected this outcome.   In Ashby v JJB Sports the Employment Appeal Tribunal held that…