This blog is not about the rights and wrongs of the decision to dismiss Sharon Shoesmith following the Baby P case in Haringey, although I am sure many readers have a view on the subject. Instead, it is about the misreporting of the case itself. I am sure we have all read the press coverage […]
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News – Unfair dismissal
Successful appeals
It is well established that a successful appeal against a dismissal overturns the original dismissal, effectively means that the dismissal is extinguished and no unfair dismissal claim can arise out of that dismissal. A similar approach applies in other cases such as sex discrimination. In the recent case of Little v Richmond Pharmacology Ltd, the EAT […]
Grievances and Constructive dismissal
A recent EAT case is useful reminder of the interplay between grievances and a case for constructive dismissal. Long gone are the days where one has to raise a grievance before one can bring an employment tribunal claim but employees are still well advised to do so. This is for a number of reasons. Firstly of […]
Summary dismissal for gross misconduct
A recent case in the EAT Brito-Babapulle v Ealing Hospital NHS Trust UKEAT/0358/12 is a useful reminder of the law on unfair dismissal. In that case, the Tribunal felt that dismissal would always fall within the range of reasonable responses test for cases of gross misconduct. However, the EAT felt that the Tribunal has skipped […]
Service for unfair dismissal
A recent case before the EAT of Lipinski v Ebbsfleet Autospray Centre Limited is a useful reminder of the consequences of re-engagement and reinstatement and the possibility that this can extinguish the original dismissal. In this case Mr Lipinski was dismissed for misconduct in March 2010. He presented an Employment Tribunal Claim for unfair dismissal […]
Unfair dismissal limits
There appears to be some confusion amongst the public over the new unfair dismissal limits. By way of a reminder, the law changed on 29th July to cap the value of unfair dismissal claims at either £74,200 or 52 weeks’ pay, which ever is lowest. The cause for confusion is when the limit applies. The […]
New caps on unfair dismissal claims
Another huge change comes into force on 29th July 2013, which is often neglected by the press but will impact on a huge number of people is the new cap on unfair dismissal claims. Following consultation, the cap on unfair dismissal claims will either be the current limit of £74,200 or one year’s gross pay […]
SOSR dismissals and the ACAS Code
The ACAS Code of Practice on diosciplinary and grievance procedures has always been applicable in disciplinary situations including misconduct cases, poor performance and capability. It does not apply to redundancy dismissals but the position on some other substantial reason (SOSR) dismissals has been less clear. The positon has been somewhat clarified by Lund v St […]
Constructive dismissal
There is much confusion amongst the public over the term constructive dismissal. I have heard the term used by employees saying that when there is an actual dismissal they have been constructively dismissed and some businesses are totally surprised that such a concept exists until of course they get their first employment tribunal claim. In […]
New limits on Unfair Dismissal
The Order dealing with the variation to the limit in Unfair Dismissal Claims has been laid before Parliament. If made, the Order will limit Unfair Dismissal claims to 52 week’s pay or £74,200, whichever is the lowest. It will apply to any dismissals after the Order is made, which the Government expects to be July. […]