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
The Employment Appeal Tribunal has held that an employee who was sacked during an appraisal meeting was fairly dismissed, even though no proper dismissal procedure was followed by the employer. Why
did it make this finding?
Published 17.09.2020
An ex-employee is claiming that you unfairly dismissed him. However, he found replacement employment whilst working his notice. Will this be taken into account if you lose the case? What does recent
case law say?
Published 24.02.2005
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
Any reference given about an ex-employee must be fair and accurate. But suppose you tell the truth, for example, they threatened you with a tribunal claim, and it leads to a job offer being
withdrawn. Could this cause you problems?
Published 19.10.2010
An employee who was sacked because she used a work PC for online shopping during her breaks has won her claim for unfair dismissal and been awarded £16,000. What did her employer do wrong?
Published 24.04.2019
Even when the tribunal makes a finding of unfair dismissal, it can still reduce the compensatory award where the employee’s conduct “justifies” it. But suppose they were dishonest during the
disciplinary hearing - does that count too?
Published 14.05.2012
The most common type of claim that the tribunal deals with is “unfair dismissal”. But a lap dancer, who had been seeking £200,000 for this very reason, has just had her case thrown out. So where did
she fall down?
Published 16.12.2010
In the case of Sandle v Adecco 2016 the employer hadn’t heard from the employee for some time. Equally, it had made no attempt to contact her. The employee subsequently claimed unfair dismissal but
lost. Why?
Published 16.11.2016
An employee who was sacked by WhatsApp due to her “toxic behaviour” towards colleagues has won her claim for unfair dismissal and been awarded over £12,000 by the tribunal. Where did the employer go
wrong?
Published 13.06.2023