Poor attitudes to organisational change can be gross misconduct
An employee’s poor attitude towards organisational changes within their employer’s business could amount to gross misconduct.
May 11, 2017 No Comments
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Can employers take into account expired warnings in deciding to dismiss?
In some cases, an employer can take into account an employee’s history of expired written warnings in deciding to dismiss them.
January 30, 2017 No Comments
How to investigate serious allegations of misconduct
A higher standard of disciplinary investigation is necessary to ensure a fair dismissal where the misconduct alleged is very serious.
December 20, 2016 No Comments
How to dismiss an employee who has a prior written warning
An employer should be wary of relying upon previous unfair disciplinary sanctions to justify a subsequent dismissal.
November 23, 2016 No Comments
Headteacher dismissed for relationship with sex offender
Was a headteacher’s decision not to inform her school of her relationship with a sex offender a fair reason for dismissal?
September 14, 2016 No Comments
Byron: Illegal working and employers’ duties
In the wake of events at Byron Hamburgers, BDBF’s Paul McAleavey considers employers’ competing legal obligations to prevent illegal working while also maintaining the trust and confidence of their employees. Originally published in the Solicitors’ Journal on 16 August 2016.
August 16, 2016 No Comments
Employee reinstated to job on restricted duties after dismissal 9 years ago
An Employment Tribunal has ordered that an unfairly dismissed employee be reinstated on restricted duties to the job from which she was dismissed 9 years previously.
July 20, 2016 No Comments
Raising minor concerns with employee on sick leave could be constructive dismissal
A company who sent written concerns about their performance to an employee who was off sick with work-related stress was found to have constructively dismissed that employee.
April 22, 2016 No Comments
IKEA to pay £23,000 to employee unfairly dismissed over milkshake
IKEA in Dublin has been ordered to pay €30,000 (£23,000) for unfairly dismissing a member of staff who had drunk a milkshake without paying for it.
April 22, 2016 No Comments
Dismissal for information-sharing unfair where confidentiality policy not enforced
The dismissal of an employee for sharing confidential information was unfair in circumstances where the business’ information-sharing culture was at odds with its formal confidentiality policy.
March 8, 2016 No Comments
Does disparate treatment render dismissal unfair?
An employee’s dismissal will not be unfair by reason of a colleague being given disparate treatment if the two employees’ circumstances are not truly parallel.
December 3, 2015 No Comments
HR’s heavy influence in disciplinary investigation made dismissal unfair
An employee was unfairly dismissed in circumstances where heavy influence from the Human Resources department had led to the investigating officer changing his recommendation from a final warning to immediate dismissal.
October 9, 2015 No Comments
