Category Archives: Unfair Dismissal

Was it unfair to dismiss an employee charged with a serious criminal offence committed outside of work?

An interesting case that seems to arise fairly frequently for employers!  This was the question asked by the Employment Appeal Tribunal in the case of Lafferty v Nuffield Health, which judgment was published last week. What law applies in this kind of situation? In order for a dismissal to be fair an employer has to […]

What’s the difference between unfair dismissal and wrongful dismissal?

Difference between Unfair Dismissal & Wrongful Dismissal Unfair Dismissal Unfair dismissal occurs when an employee is dismissed and the Employer does not have one of the potentially fair reasons for dismissing, and/or they have behaved unreasonably in dismissing the employee for that reason. In order to claim unfair dismissal, in most cases, an employee needs […]

Unfair Dismissal and Covert Surveillance

Covert Surveillance used by Employer to justify dismissal of an Employee In a recent case that was decided by the Employment Appeal Tribunal it was ruled that the fact that the surveillance was taken covertly, without the employee’s knowledge did not affect the outcome that ultimately the employee’s dismissal was fair. In the case, the […]

Constructive Dismissal – Unfair Dismissal

Constructive Dismissal What is Constructive Dismissal? Constructive dismissal, constructive unfair dismissal or unfair constructive dismissal are phrases that  many people have heard of however there is often confusion about what it means and what the differences is between this and unfair dismissal. Many people have heard about unfair dismissal and understand that this happens when […]

Can my Employer use the fact that I have a previous warning to dismiss me?

If you were given a previous final warning and you then commit a further act of misconduct your employer can rely on the previous warning to dismiss you, even if the act that you are being dismissed for is not serious enough to justify dismissal on its own. What this means in reality is that […]

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