An employee’s dismissal has been overturned on appeal. However, rather than accept this decision and return to work, they’ve told you they intend to claim unfair dismissal. Can they actually do this?
Published 22.09.2016
When an employee who’s been dismissed for misconduct successfully appeals against that decision, they are automatically reinstated. If they then say that they don’t want to return to work, can they
still claim unfair dismissal?
Published 29.11.2022
In a recent case, the tribunal ordered an employer to reinstate an ex-employee after it found she had been unfairly dismissed. This was on top of paying her £6,000 in compensation! Just how often
does this type of ruling happen?
Published 07.10.2011
An important and valued client is refusing to have one of your workers back on their site. How should you deal with the situation? Can you just dismiss him because there’s no longer a job?
Published 11.01.2007
The tribunal has ruled that a former Oxford University employee - who was sacked over twelve allegations of gross misconduct - was unfairly dismissed. Where did this particular employer go wrong?
Published 24.02.2015
When you need to vary terms and conditions of employment you should first seek the agreement of all affected employees. If the majority are happy to agree, would that allow you to safely dismiss the
dissenters?
Published 09.09.2014
One of your employees is assigned to look after an important client. However, your client wants them removed from their account as they believe “your employee is useless”. Does their complaint give
you grounds for dismissal?
Published 09.12.2015
When you make a settlement offer to an employee, your written correspondence should be marked “without prejudice”. However, if the content isn’t drafted carefully, you could inadvertently dismiss the
employee. What do you need to know?
Published 23.03.2023
A nurse who found herself in an embarrassing situation made light of it by cracking a joke. She was later dismissed for gross misconduct due to her “lewd comments”. The Court of Appeal has now ruled
that her sacking was unfair. Why?
Published 22.02.2011
An employee is absent without leave and a colleague’s suggested that you issue her with a “return to work or be sacked” ultimatum. You’re worried that you could be exposed to an unfair dismissal
claim. Is this likely?
Published 10.03.2005