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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..

Mar
23
2017

Teacher’s dismissal for long-term sickness was unfair

The case of O’Brien v Bolton St Catherine’s Academy concerned a teacher who, after 14 months of absence following an assault by a pupil, was dismissed. ..

Feb
09
2017

Trade union rep potentially fairly dismissed for not so picture perfect activities

In the case of Metroline RATPDEV Ltd v Morris, the EAT held the Claimant’s activities of storing, using or disseminating confidential information did not amount to ‘trade union activities’ and..

Feb
03
2017

Gross negligence can constitute gross misconduct

In Adesokan v Sainsbury’s Supermarkets Ltd, the Court of Appeal upheld a High Court decision that a failure to act can, in certain situations, amount to gross misconduct...

Feb
01
2017

Forgiven Not Forgotten? Fair dismissal despite employer’s reliance on expired warning

In Stratford v Auto Trail VR Ltd the EAT found a dismissal to be fair despite the employer’s reliance on earlier expired warnings...

Jan
19
2017

Mobility clauses made to move aside

In the recent EAT case Kellogg Brown & Root (UK) Ltd (KBR) v Fitton & Anor, the Claimants’ employment contracts contained a broad mobility clause requiring them to relocate, if..

Nov
11
2016

Trade Union Detriments: Burden of Proof

In Dahou v Serco Ltd, Mr Dahou alleged that he had not been dismissed for the gross misconduct alleged but due to his trade union activities. ..



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