A focus on Unfair Dismissal decisions: Episode 103

Unfair Dismissal Cases from the Employment Tribunal

In this episode of the podcast I have reviewed a couple of employment tribunal decisions which have been published on the government website. It is a great way to get an understanding of what the Tribunals around the country will consider when looking at a claim for unfair dismissal.

In this episode I will cover:

  • Decision of the Tribunal in a misconduct case: Miss Helen Evans v Llanishen Fach Primary School
  • Decision of the Tribunal in a redundancy dismissal case: Mrs JM Hockenhull v David Lewis Centre
  • A reminder of the ‘Polkey’ rules when compensation is reduced where the Employer has failed to follow a fair procedure but the result would have been the same.
  • Decision of the Tribunal in a misconduct case: Mr D Maguire v Department for Work and Pensions
  • The surprising number of unfair dismissal cases being withdrawn or struck out as the employee did not have the required two years continuous employment.
  • A useful tip about preparing witness evidence.
  • A decision where the Employer was awarded some of their costs.

Action Points

  1. It is a useful exercise for those who are decision makers in disciplinary cases or HR professionals to have a read of some of the Judgements available:  https://www.gov.uk/employment-tribunal-decisions
  2. Ensure that you stay up to date with employment law developments by signing up to our free fortnightly newsletter.  
  3. If you do not have the time to read Judgements and stay on top of the law why not hire a professional who is specialist in this area: https://www.realemploymentlawadvice.co.uk/employment-law-support/

Useful Links


As part of our HR Harbour annual subscription service for employers we provide guidance and support with settlement discussions and documentation. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £180 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don’t forget you can contact us by email alison@realemploymentlawadvice.co.uk or miranda@realemploymentlawadvice.co.uk or by telephone 01983 897003, 01722 653001 or 023 8098 2006

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The information contained in this Podcast and post is provided for guidance and is a snapshot of the law at the time. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

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