Category Archives: Unfair Dismissal

Heat of the moment – withdrawing a dismissal or resignation

In Kwik-Fit (GB) Limited v Lineham [1992] IRLR 156 Wood J said: “Words may be spoken or actions expressed in temper or in the heat of the moment or under extreme pressure (“being jostled into a decision”) and indeed the … Continue reading

Posted in Contracts of Employment, Unfair Dismissal | 2 Comments

Would Shirley Sherrod’s dismissal have been fair in the UK?

In the US, agriculture department official Shirley Sherrod was forced to resign within 24 hours of a video being posted online relating a past incident from her career: “I was struggling with the fact that so many black people had … Continue reading

Posted in Reinstatement & Re-engagement, Unfair Dismissal | 3 Comments

Employee theft: can low value render a dismissal unfair?

A recent case from the Netherlands raises this interesting question – is value relevant to theft? A Dutch McDonalds worker sold a hamburger to a colleague, but at her request then put a free slice of cheese in it. This … Continue reading

Posted in Unfair Dismissal | 5 Comments

A (for once) well-deserved facebook dismissal

I needn’t add any more. H/T to the Joe. My. God. Blog. Discussion as to whether or not she’s owed her s.86 minimum notice is welcome below!

Posted in Unfair Dismissal | Tagged | 6 Comments

Express your personality

…if you want your legal personality to be an express term. Employers should note the cautionary tale of Mr & Mrs McVeigh, who appealed to the EAT on a tribunal’s determination that they personally were the employers of their dismissed … Continue reading

Posted in Contracts of Employment, Status, Unfair Dismissal | Tagged | 1 Comment

Employee blacklist owner convicted and fined

Back in March I wrote about the register of ‘undesirables’ in the building industry illegally maintained by Ian Kerr of the Consulting Association, and Jobsworth gave an update in May about the National Staff Dismissal Register. Ian Kerr has now … Continue reading

Posted in Unfair Dismissal | Tagged | 1 Comment

Article 6 right to legal representation in disciplinaries

It’s a common request – “Can I bring a solicitor to my disciplinary?” – and a surprise to many employers that they have a right to refuse. There is a right under the Employment Relations Act 1999 to be accompanied … Continue reading

Posted in Disciplinary, Dispute Resolution regulations, Employment Tribunal, Lawyers, Trade Unions, Unfair Dismissal | Tagged , | 1 Comment

We already have a dodgy employee register…

The secret database of construction workers, maintained illegally but used by some big name companies, hit the headlines last week. Ian Kerr illegally maintained a database of some 3,000 workers alongside descriptions of their lazy attitudes, poor timekeeping, and so … Continue reading

Posted in Unfair Dismissal | Tagged | 7 Comments

Charon QC Podcast #102 – Employment Law Update

I have recorded another podcast with esteemed blawger Charon QC. We cover: Redundancy generally given the downturn, collective consultation and the impact on law firms; The British jobs issue at the oil refinery; The imminent repeal in April of the … Continue reading

Posted in Dispute Resolution regulations, Podcasts, Redundancy, Unfair Dismissal | Tagged | Leave a comment

Annual Limits Increase details released

The most common limits increase as follows: The cap on a week’s pay for Statutory Redundancy Payments, the basic award, and related purposes – up from £330 to £350; Maximum compensatory award on a finding of unfair dismissal – up … Continue reading

Posted in Disciplinary, Employment Tribunal, Redundancy, Remedies, Unfair Dismissal | Tagged , | Leave a comment