If there’s an irretrievable breakdown in a working relationship, it’s possible to dismiss an employee for some other substantial reason (SOSR). But does the Acas Code apply to these dismissals?
Published 22.09.2016
You need to make some alterations to the way an employee works. The primary reason is to save on overtime payments, meaning the employee may lose out. If he refuses to accept the change, would a
dismissal be fair?
Published 06.04.2006
In a recent case, the employer had imposed wildly different sanctions on two employees who had committed similar disciplinary offences - it dismissed one for gross misconduct but not the other. So
was that an unfair dismissal?
Published 09.02.2012
The Acas Code of Practice must be followed wherever misconduct or poor performance is suspected. But what if you’re looking to dismiss someone on capability grounds due to their ill health? Must you
follow the Code then?
Published 30.08.2016
An employee who was sacked after he recommended another local supplier’s meat deal on his personal Facebook account has won his claim for unfair dismissal. Where did the employer go wrong?
Published 25.08.2017
The ACAS Code of Practice replaced the old statutory disciplinary and dismissal procedures some time ago. But the tribunal has only just dealt with one of the first cases to be heard under this new
regime. What point did it make?
Published 16.12.2010
In a tribunal case the employee had been asked to attend a disciplinary hearing but was ultimately dismissed on capability grounds. She claimed this procedural error rendered her dismissal unfair.
Why didn’t it really matter?
Published 28.04.2014
In a recent case an employee who had been off sick for nearly two years was sacked due to his ongoing incapacity. However, despite his long-term absence, the dismissal was found to be unfair. Where
did the employer go wrong?
Published 06.03.2014
Where a claimant wins their tribunal claim, the employer can be ordered to reimburse all the tribunal fees they’ve personally paid out. But suppose an employee’s union funded them - does the same
reimbursement rule apply?
Published 09.04.2015
When an employee is required to attend a disciplinary hearing, they must be given all the evidence against them in advance of it. But what if some evidence is accidentally missed out? Must you hold a
rehearing?
Published 02.09.2015