Category Archives: Unfair Dismissal

But I don’t want to sack him…

In other news this November, everyone seemed to be calling for the sacking of someone. From the social workers charged with the care of Baby P, to foolish radio presenters, dismissal has hit the headlines. Ross & Brand What faced … Continue reading

Posted in Disciplinary, Rambling, Unfair Dismissal | Tagged | 1 Comment

Dismissal & re-engagement is still dismissal shocker

…pretty obvious really. An employer will often wish to unilaterally vary a contract, and it may have good or bad reasons for doing so. A key moment when this might happen to a small business is with pay intervals. Many … Continue reading

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Just one day short of retirement…

…is a dangerous time if you’re an American cop in the movies, you’re bound to get hit with a bullet or an internal affairs investigation. In the first instance case of Plewes v Adams Pork Produce Limited (reported by Burges … Continue reading

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Compromise Agreements – subsequent discovery of misconduct

I remember Collidge -v- Freeport plc [2008] EWCA Civ 485 when it was at first instance, dealing as it does with the very common clause found in compromise agreements that: “Subject to and conditional upon the terms set out below, [Freeport] … Continue reading

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Acas consults on draft Code of Practice on discipline and grievance

The Code is intended to come into force in April 2009 at the same time as the abolition of the hated statutory Dispute Resolution procedures, and is currently open for consultation. Acas have taken the tack of having two documents – … Continue reading

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Delusional

Everyone’s been laughing it up at this case where a man dismissed from his job as a kitchen porter at a hotel brought an unfair dismissal claim, stating that his dismissal had been orchestrated by Jehovah’s Witnesses. According to the … Continue reading

Posted in Rambling, Unfair Dismissal | Tagged | 2 Comments

Blacklist

The National Staff Dismissal Register will be a searchable database of employees who have been dismissed for ‘dishonesty’ or have resigned while dismissal proceedings are ongoing - see the article on Personnel Today. I’m amazed this hasn’t generated more headlines. It’s … Continue reading

Posted in Constructive Dismissal, Disciplinary, Discrimination, Unfair Dismissal | Tagged | 5 Comments

Phoenix jiggery-pokery

It’s a cynical view that all you do when your company goes bust is put it into administration and buy it back, but would seem to be amply demonstrated by this case. Company goes into administration, administrator has no money … Continue reading

Posted in TUPE, Unfair Dismissal | Tagged | 1 Comment

Excavating a Sharp pain in the family jewels

It’s happened to me metaphorically but never literally: being grabbed by the balls can give you a good constructive dismissal claim, as this funny case shows. The report is so short it also acts as a good swot-sheet for constructive … Continue reading

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Unfair Dismissal – Burden of Proof

My earlier assurances that my blogging wouldn’t be interrupted by work have been shown to be completely hollow – over two weeks have passed since my last post. And it’s not even as if there’s been nothing to report. Favourite … Continue reading

Posted in Discrimination, Employment Tribunal, Solicitors, Unfair Dismissal | Tagged , , | 1 Comment