Yes, an employee can be dismissed under two years of service. However, the reasons for dismissal must be fair and lawful under UK employment law. The dismissal should not be discriminatory or in breach of an employment contract. In addition, if the dismissal is linked to the making of a protected disclosure (whistleblowing) this may […]
Without prejudice letter contained effective dismissal
The Employment Appeal Tribunal has supported a Tribunal’s finding that a Claimant’s employment was effectively terminated by a “Without Prejudice” letter containing a dismissal and erroneously referring to termination by “mutual agreement”. In the matter of Meaker v Cyxtera Technology UK Ltd, the Employment Appeal Tribunal held that a“Without Prejudice” letter which included a draft […]
Disability discrimination and disproportionate dismissal
In the recent case of The Department for Work and Pensions v Boyers, the Employment Appeal Tribunal (EAT) upheld the Employment Tribunal’s finding that the claimant’s dismissal constituted discrimination arising from disability under Section 15 of the Equality Act 2010 because her dismissal was not a proportionate means of achieving the respondent’s legitimate aims. Mrs […]
Dismissal for leaving work because of concerns about Covid 19
In the case of Rodgers v Leeds Laser Cutting Limited, the Employment Tribunal (ET) and Employment Appeal Tribunal (EAT) concluded that an employee dismissed for leaving work and refusing to return because of concerns about Covid 19 was not automatically unfairly dismissed. Section 100 of the Employment Rights Act 1996 (ERA) makes the dismissal of […]
David P Harris speaks on BBC Radio Berkshire about the increase during the lockdown of dismissals for underperformance so that employers can avoid redundancy payments
Listen to the interview here: If you need legal advice regarding a similar situation, call us on0118 914 5622 or complete our Contact Us Form to arrange a confidential call back from a qualified solicitor. The first consultation is without charge. David Philip HarrisDavid Philip Harris is a recognised employment solicitor with over 10 […]
Dismissal and long-term disability
This is due to an EAT ruling that “once the employee has become entitled to payment of disability income due under the long-term disability plan, the employer will not dismiss him on the grounds of his continuing incapacity to work.” However, this may depend upon the wording of the employee’s contract of employment. Find out […]
Unpicking Unfair Dismissals Under TUPE
Introduction to TUPE Regulations and Unfair Dismissal TUPE regulations are complex and not to be taken lightly. The Court of Appeal has ruled that an employee who was dismissed on the very day of a TUPE transfer under the guise of a problematic working relationship was in fact automatically unfairly dismissed because of the transfer. […]