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Employment Tribunal Claims

by Naomi Cunningham & Michael Reed

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Tag: unfair dismissal

Posted onJuly 6, 2015advice

Unfairness

by Naomi5 Comments on Unfairness

The Employment Rights Act says that employees have the right not to be unfairly dismissed, and whether or not an employer’s decision to dismiss was…

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Posted onJune 4, 2013advice

Feeling sick

by Naomi12 Comments on Feeling sick

Disciplinary proceedings at work are stressful. If you’re facing disciplinary proceedings, it can be tempting to go to your GP and get signed off work.…

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Posted onFebruary 14, 2012advice

Criticising investigations

by MichaelLeave a comment on Criticising investigations

Investigations are a common battleground in unfair dismissal cases, particularly where an employee is accused of misconduct. Employers have to carry out a reasonable investigation…

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Posted onDecember 13, 2007update

Late claim for unfair dismissal

by NaomiLeave a comment on Late claim for unfair dismissal

In RBS v Bevan, the EAT considered an appeal against an employment tribunal’s decision that it had not been reasonably practicable for the claimant to…

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Posted onOctober 23, 2007advice

Gross misconduct

by NaomiLeave a comment on Gross misconduct

Gross misconduct is misconduct so serious that so far as the contract of employment is concerned it entitles the employer to dismiss without notice. This…

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Posted onSeptember 12, 2007advice

When a statutory procedure is not the statutory procedure

by MichaelLeave a comment on When a statutory procedure is not the statutory procedure

Section 98A(1) of the Employment Act 1996 means that, where one of the statutory dismissal and disciplinary procedures applies to a dismissal, and the employer fails to follow it, the dismissal will be unfair.

S98A, however, only applies to the statutory procedures laid out in the Employment Act 2002.

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Posted onSeptember 7, 2007advice

Basic awards and redundancy payments

by MichaelLeave a comment on Basic awards and redundancy payments

Where a case involves issues of unfair dismissal and redundancy payment confusion often develops around whether the claimant should be seeking a basic award or…

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Posted onAugust 29, 2007update

Aptuit (Edinburgh) Ltd v Kennedy

by MichaelLeave a comment on Aptuit (Edinburgh) Ltd v Kennedy

In Aptuit v Kennedy the EAT has provided guidance on two important issues relating to the Statutory Dismissal and Disciplinary Procedure. Firstly, the process by…

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