In the recent case of Montanaro v Lansafe Limited, an Employment Tribunal held that an employer unfairly dismissed an employee who was on annual leave in Italy when the first lockdown was announced and was unable to return to the UK.
In Commissioner of the City of London Police v Geldart the Court of Appeal held that an employer did not discriminate against a female employee when it mistakenly withheld an allowance during her maternity leave.
In Sinclair v Trackwork Ltd the Employment Appeal Tribunal (EAT) determined that it was unfair to dismiss an employee who caused friction in the workforce as a result of the way he undertook mandatory health and safety activities.
In the recent constructive unfair dismissal case of Flatman v Essex County Council, the Employment Appeal Tribunal (EAT) held that a tribunal misapplied the law by failing to identify whether a fundamental breach of contract occurred at any point up to the employee’s resignation.
In one of the first COVID-19 dismissal cases, an Employment Tribunal had to decide whether an employee was dismissed fairly for refusing to wear a face mask when attending a client’s premises.
In Queensgate Investments LLP v Millet the Employment Appeal Tribunal (EAT) ruled that applications for interim relief should be heard in public, save where an order is made to restrict publicity.
Employees who are dismissed because of their trade union membership or activities and/or because they have blown the whistle are able to claim that they have been automatically unfairly dismissed.
In a recent case, the EAT considered whether a Tribunal was right to order an employer to re-engage a former employee in whom they had lost trust and confidence and place them into a role for which they lacked the essential skills.
A recent decision shows that where there has been an irretrievable breakdown in relations between colleagues, an employer may be able to dispense with a formal dismissal process and still dismiss fairly.
In Lamonby v Solent University the Employment Tribunal had to consider whether it was fair to dismiss an employee who had made remarks which betrayed a tendency to stereotype according to race, even where such stereotypes were sometimes positive.
In the recent case of Royal Mail Group v Jhuti (Jhuti), the Supreme Court ruled that an employer who had been manipulated into dismissing an employee for a false reason was liable for unfair dismissal based on the hidden reason…
Whistleblowing held to be the principal reason for dismissal even though protected disclosures hidden from the dismissing officer…
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