Fair dismissal – when is an employer allowed to dismiss an employee?

How can an employer dismiss an employee fairly? First, let’s demystify what ‘fair dismissal’ actually means. Fair dismissal should otherwise be simply referred to as a ‘dismissal’, which happens when an employer chooses to end an employee’s contract. In common parlance, it usually refers to someone being either sacked or fired.   So, how can […]

Solicitor fired by immigration advice business due to direct race discrimination

An employment tribunal has ruled that a solicitor was fired by an immigration advice business due to her race. With immigration lawyers often representing some of the most marginalised people in society, it might seem surprising to see a case involving direct race discrimination against an immigration solicitor emerge. However, this is what happened to […]

The Legal Implications of Issuing Warnings Without Action in Employee Management

In the world of employment law, addressing employee misconduct demands a thoughtful and structured approach. One common error that employers often make is the passive issuance of warnings without taking concrete action. In this article, we will explore why this approach can have legal repercussions and the importance of following due process.   The Significance […]

OFSTED inspector unfairly dismissed after touching student – what lessons should employers learn from this case?

After an OFSTED inspector was dismissed for briefly touching a pupil’s head to wipe away some rain, the Employment Appeal Tribunal (EAT) has ruled that the dismissal was unfair due to a lack of disciplinary guidance and/or training. Compensation for unfair dismissal will be awarded at a later date.   The case (Hewston v OFSTED) […]

Journalist who refused to use work app on personal phone wins unfair dismissal claim

An employment tribunal has ruled that an employee who refused to install a work app on her personal phone was unfairly dismissed. The installation of the app would have left the journalist unable to separate her work life and her home life, something she resisted against by refusing to have the app installed.   Depending […]

What is the threshold for ethical veganism as a protected characteristic under the Equality Act 2010?

The Equality Act 2010 affords protections against discrimination to a wide range of people based on a range of characteristics including: age, disability, gender reassignment, marriage or civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.   The word “belief” within the Equality Act is rather broad, leaving room for interpretation. […]

Is it wrongful dismissal if the employer issues a P45 and the employee is absent from work after being asked to return?

By Krystal Yan   This is a recent case that we have defended in which the Claimant sought circa £140,000 for unlawful and wrongful dismissal against our client, the Respondent.   Background   The Claimant started working as a kitchen helper for the Respondent from August 2015. In December 2018, the Claimant’s job title was […]

Lacoste’s handling of flexible working request found to be indirect discrimination against former manager

Although flexible working has been around for a while now, it reached a new level of prominence during the Covid-19 pandemic due to the need to alter working habits. Post-pandemic, employees and employers alike are continuing to favour flexible working more and more as a way to boost staff retention, work-life balance and also productivity. […]

Minimum service levels bill – what would this mean for trade unions and the right to strike?

Following a sustained period of strike action, the UK government has recently introduced a bill to parliament which would require certain public services to provide minimum service levels during strikes. The minimum service levels bill, officially titled the Strikes (minimum services) Bill 2022-2023, recently passed its second reading in parliament after being voted through by […]

Employee unfairly dismissed due to lack of proper redundancy consultation

It’s a word no one particularly likes to hear – redundancy. Nevertheless, it actually serves an important purpose. When it comes to a redundancy situation, companies can’t just make dismiss an employee on a whim – there are strict rules that they have to follow as part of the redundancy process.   A key aspect […]

Is it sex-related harassment to call a man ‘bald’ at work?

Baldness is a fact of life for many men. While in some cultures it has been seen as a sign of wisdom, for many in the UK today it is a sensitive issue which sees thousands of men seek treatment for hair loss in an effort to retain a perceived sense of youth, virility, and […]

Copyright Confusion! Work done in ‘personal time’ deemed to be owned by employer instead of employee.

Everyone likes to be rewarded for the work they do, and it is a well-known fact that employees who feel valued by their employers tend to be more productive and achieve a more harmonious work/life balance.   However, in some circumstances there can be friction in the work place. One such issue that has arisen […]

Furlough Frenzy! What is considered unfair in terms of employee dismissal during the pandemic, and what can we learn from two cases with very different outcomes?

Navigating the often uncomfortable realm of employee dismissal has long since been a challenge for employers. Of course, employers do not seek out the chance to dismiss workers, as it often results in administrative as well as social awkwardness for them, but it can unfortunately be a necessity.   People losing their jobs is one […]

Wrongful vs Unfair Dismissal: What is the difference and what role does ACAS Code of Practice on Disciplinary and Grievance play?

Wrongful or unfair dismissal is a reality of employment, one that the majority of people do not have to go through, but for those that do face it will know well enough how stressful it can be. While the two may sound similar, they are in fact very different.   In this article we will […]

Denial of homeworking or furlough request from employees due to fears of COVID-19 may not itself amount to unfair dismissal

Coronavirus has been a huge part of our lives for almost one and a half years now and the effects of it have reached far and wide. It has taken many lives, ravaged the economy, put thousands out of work and made people homeless. The nature of the virus makes it unpredictable, as new variants […]

When it comes to whistleblowing, what is the part of protected disclosure agreements?

First off, what is a whistleblower?   A whistleblower is a term used to describe a person who leaks sensitive information, reports wrongdoings, crimes, or morally questionable practices or events that occur within their own workplace. Usually, the reports are regarding people in high positions such as management or particular duties that the person has […]