Tag Archives: unfair dismissal
UK: employment law reforms enacted
The Enterprise and Regulatory Reform Bill finished its passage through Parliament and received Royal Assent on 25 April 2013. BIS has also published commencement dates for various parts of the Act. The most significant employment law provisions are as follows: … Continue reading
UK: Unfair dismissal: GB connection test for eligibility to claim
The test for employees working abroad to be eligible to claim unfair dismissal in Great Britain is whether there is a much stronger connection, not only to Great Britain, but to British employment law, than with any other territory. The … Continue reading
Filed under Employees abroad, Jurisdiction: UK
UK: Employment law reforms: revised timetable
The Government has published revised timings for some of the employment law changes in the pipeline, available here. It appears that restricting changes to the April/October schedule has been abandoned for the time being.
UK: Unfair dismissal: tribunals should not normally look behind a final written warning
It is reasonable for an employer to take a current, final written warning into account when dismissing for subsequent misconduct, provided it was issued in good faith, there were at least prima facie grounds for imposing it and it had … Continue reading
Filed under Jurisdiction: UK, Termination of employment
UK: Redundancy: use of competency assessment as selection criterion was unfair
Selection for redundancy based mainly on performance in a competency assessment carried out by HR, without reference to past appraisals or input from line managers, is likely to be unfair. The EAT ruled that an employer persisting with this approach … Continue reading
Filed under Jurisdiction: UK, Redundancy, Termination of employment
UK: Enterprise and Regulatory Reform Bill: amendments to whistleblowing, financial penalties on employers, dismissal for political opinion/affiliation
The Government has proposed, and the House of Lords approved, a number of amendments to the Enterprise and Regulatory Reform Bill: The Bill already includes provisions adding a requirement for whistleblowers to be acting “in the public interest” and removing … Continue reading
Political belief/affiliation: UK law in breach of human rights
UK law may need to be amended to protect employees from dismissal because of their political beliefs or affiliation. The European Court of Human Rights has ruled that a BNP bus driver’s right to freedom of assembly was infringed by … Continue reading
UK: Unfair dismissal: ruling on prior warnings, human rights challenge rejected
Employers can rely on a current prior warning to support a dismissal for misconduct which would not justify dismissal on its own, even where the two instances of misconduct are not similar. This is particularly so where the terms of the … Continue reading
Filed under Jurisdiction: UK, Termination of employment
Employment law reform: consultations on settlements, unfair dismissal compensation and tribunal rules
The Government’s position on a number of employment law reform proposals became a little clearer this month with the announcement of two new consultations, on termination and tribunal rules. The consultation on “Ending the employment relationship” seeks views by 23 … Continue reading
Employment law reform: response to call for evidence on dismissal
The Government Response on the call for evidence on dismissal has been published and confirms that: the “no fault dismissal” idea floated in the Beecroft Report has been formally dropped; there will not be any major changes to the Acas … Continue reading