The Supreme Court has held that an employment tribunal did not fall into an error of law by ordering reinstatement but with the same restriction of duties that applied prior to the Claimant’s dismissal. In McBride v Scottish Police Authority, the Claimant was employed as a fingerprints officer since 1984. In 2000 a group of […]
Tag: unfair dismissal claims
Sick pay and constructive dismissal
An Employment Tribunal held that the Claimant was not too ill to resign while on long term sick leave and concluded that she had affirmed the contract following alleged breaches by her employer. The Claimant was a systems support analyst who joined the employer in October 2004. She was off sick with symptoms of stress, anxiety […]
Covert recordings
Nowadays almost every employee has access to recording equipment thanks to the modern day smart phone. There are many apps or inbuilt programmes that allow the device owner to make recordings. This can present a new challenge to employers where employees covertly record disciplinary and grievance meetings particularly where this includes deliberations and adjournments. In […]
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 […]
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 […]