Unfair Dismissal

  1. Over the past year, face masks have become part of normal daily life and it was only a matter of time before they became the focus of a workplace dispute. In the first such dispute of this kind to reach an employment tribunal, Kubilius v Kent Foods Ltd, found that a lorry driver was dismissed […]

  2. Up to the end of July the official position across the UK has been that all employees should be homeworking if they can as a measure to contain the spread of COVID-19. From August 1st the Government position is to “give employers more discretion on how they ensure employees can work safely. Working from home […]

  3. COVID-19 has had a severe impact on all kinds of businesses large and small. While the Coronavirus Job Retention Scheme (CJRS) has helped, it is likely that a significant number of companies may need to reduce headcount to make their company viable long term. It’s essential that employers are prepared and have effective processes in […]

  4. Following a Preliminary Hearing on January 2nd and 3rd 2020, Norwich Employment Tribunal found that the Claimant’s “Ethical Veganism” is a philosophical belief and therefore it falls within the protected characteristic of Religion or Belief under the Equality Act. Whilst this is not a binding judgment for future Tribunals, it means that it is potentially […]

  5. An employer should be aware that there are certain circumstances where a dismissal could be an automatically unfair dismissal, this is regardless of whether the employee has completed the normal qualifying period (2 years) for an ordinary unfair dismissal claim. Below is not an exhaustive list, but covers the most common circumstances where an employee […]

  6. The Employment Rights Act 1996 provides protection to workers who have made a protected disclosure . A dismissal will be automatically unfair if the reason, or principle reason, for the dismissal is that the individual has made a protected disclosure. In addition, workers are protected from being subjected to a detriment on the grounds that […]