A dismissal for redundancy is likely to be unfair unless the employer has considered whether there is suitable alternative employment within the business (or group). If suitable alternative employment is offered, it might be subject to a statutory 4 week trial period if the role, place of work or other terms and conditions are different… Read More
Whistleblowing and Automatic Unfair Dismissal
A dismissal will be automatically unfair if the main reason for the dismissal is the fact that the employee has ‘blown the whistle’ on malpractice. The Supreme Court has recently decided that an employer was liable for automatic unfair dismissal even though the decision maker was unaware of the protected disclosures. In Royal Mail v… Read More
Constructive Dismissal – Reason for Leaving Test
In a constructive unfair dismissal claim, does the breach of contract by the employer have to be the principal reason for the employee’s resignation? No said the EAT in Wright v North Ayrshire Council. The Claimant was employed by the Council as a care at home assistant for just under seven years from 3 December… Read More
George Osborne announces plans for a new Contract of Employment
The Chancellor, George Osborne announced yesterday at the Conservative Party Conference in Birmingham his plans for a new type of employment contract. This new contract would be known as an “owner–employee” contract of employment. Under this new contract an employee would waive their employment rights on unfair dismissal, redundancy, the right to request flexible working… Read More
Judges to sit alone in unfair dismissal hearings
The draft Employment Tribunals Act 1996 (Composition) Order 2012 has been published and is expected to come into force on 6th April 2012. This Order will enable Employment Judges to sit alone in unfair dismissal cases. The current position is that unfair dismissal cases are heard by an Employment Judge and two lay members. The… Read More