Unfair Dismissal: Recent Episodes
Alison Colley
An update on the Law and best practice for managing and recruiting staff and for dealing with any issues that may arise. An easy to listen to legal and practical update.
In this episode we cover the role that the ACAS code of practice plays when dismissing an employee and the additional compensation that can be awarded if you fail to follow it.
In this weeks’ episode of the podcast I tell you all about the second test for a fair dismissal, the reasonableness test. This is the third of 6 episodes that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal.
What are the potentially fair reasons for dismissal? In this weeks’ episode of the podcast I bring you the five potentially fair reasons for dismissing an employee.
An introduction to the law regarding unfair dismissal. This is the first of a mini series that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal.
Procedure and Tips for employers about disciplinary investigations In this episode 209 of the podcast I will explain why getting the disciplinary investigation process right is critical to successfully defending a claim for unfair dismissal and the steps that you need to take.
In this episode of the podcast I cover:
- Why assigning the right person to investigate is crucial.
- The steps that you need to take to set the scope of the investigation.
- When you should notify the 'accused' of the investigation.
- At what stage you should interview the 'accused'.
- Getting witness accounts of events.
- Whether employees have the right to be accompanied at an investigation meeting.
- Minute taking or audio recording of the meetings.
- Dealing with reluctant witnesses.
- The frequently asked questions about disciplinary investigations.
- Some example scenarios to consider.
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 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 telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
In this episode 208 of the podcast I will explain what gross misconduct is so that you understand when circumstances arise that could be gross misconduct and steps to take.
In this episode of the podcast I cover:
- What is gross misconduct?
- The legal test for determining a fair dismissal for gross misconduct
- The difference between misconduct and gross misconduct
- Why it is important to set out what constitutes gross misconduct for your business or organisation in your disciplinary policy or rules
- What is wrongful dismissal?
- The connection between wrongful dismissal and unfair dismissal for gross misconduct
- Some interesting example cases
- 5 key points to consider and take action in relation to gross misconduct
Cases referred to:
Mr George v Dorset Healthcare University NHS Foundation Trust
Ms E Greenaway-Evans v Countryside Properties (UK) Limited
Mr Pubbi v Your-Move.co.uk I also covered the case in detail in Podcast 197 Is it fair to dismiss an employee who fails to declare bankruptcy?
Basildon Academies v Amadi
Training for your Team Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.
Please drop me an email alison@realemploymentlawadvice.co.uk
Fixed Price Advice from Real Experts
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 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 telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
An interesting case where there was no written requirement to tell the employer about bankruptcy
In this episode 197 of the podcast I bring you details of the case of Pubbi v Your-Move.co.uk heard by the Employment Appeal Tribunal dealing with unfair dismissal.
In this episode I cover:
- The facts of the case
- The decision of the employment tribunal
- Assessment of the reasonableness of the employers decision to dismiss
- Advice on the case
- Why employers need to be prescriptive of their requirements of staff
- Some alternative scenarios in this case
- The decision of the employment appeal tribunal
You can read the full judgement here:
Fixed Price Advice from Real Experts
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 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 telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
Other resources available for you
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
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.
Step by step guidance on the Employment Tribunal Process
In this episode 192 of the podcast I bring you the second in a mini series covering step by step guidance on the Employment Tribunal process. This is applicable for both employees who may want to make a claim and employers who may be defending a claim.
This second episode is about what happens after the claim and defence have been filed and includes:
- The different process that is likely to apply based on the type of claim.
- If it is a more complex case then it is likely the Tribunal will set a telephone case management hearing.
- What happens in simpler cases, such as straightforward unfair dismissal claims.
- The type of Order that the Employment Tribunal will make.
- Why it is important to check the dates of any hearings given by the Tribunal.
- The importance of contacting the Employment Tribunal asap if you or any witnesses are unavailable on the date that any hearing has been listed.
- The preparation required.
- Preparation of a schedule of loss.
- Disclosure of evidence.
- Agreeing the bundle of evidence.
- Why it is important to clearly note what is required and the date you must complete it by.
- Why you must adhere to the dates set by the Employment Tribunal.
- What you should do if you cannot complete the work required by the date set.
Fixed Price Advice from Real Experts
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 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 telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
Other resources available for you
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
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.
The importance of following a fair process in an unfair dismissal claim
In this episode 184 of the podcast I bring you details of a recent case decided by the Court of Appeal in respect of unfair dismissal in a redundancy situation. The case is Gwynedd Council and S Barratt & I Hughes
In this episode of the podcast I cover:
- The basic position with regards to unfair dismissal and redundancy dismissals.
- Details of the case and why the Judge at the Employment Tribunal decided the dismissal was unfair.
- What employer's need to consider when going through a redundancy consultation.
- Why a failure to allow an appeal against dismissal is one factor to be considered by an employment tribunal in a claim for unfair dismissal.
You may also find the following helpful.
Redundancy Process: Alternative Vacancies
Redundancy Process: Pools & Selection Criteria
Electing Employee Representatives: Redundancy Procedure
The Redundancy Consultation Process
Introduction to Redundancy
Fixed Price Advice from Real Experts
As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 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 telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006
We have a variety of free documents and letters which are available to download here: DIY Documents
We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE
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.
How do you deal with a situation where an employee is absent due to sickness and cannot attend a disciplinary? In this episode of the podcast I answer a question from a listener about what to do when an employee says that they are not fit to attend a disciplinary hearing . In this episode I will cover: * Your options when this happens. * What the ACAS code says about an employee not attending a disciplinary meeting. * What are the requirements of 'natural justice'. * Principles of a fair dismissal for misconduct known as the 'Burchell' test. * The need to weigh up dealing with matters in a timely manner v principles of fairness and natural justice. * Reasonableness and range of reasonable responses test. * Reductions to compensation known as 'Polkey' deductions.
Action Points 1. Where possible try to ensure that the employee can attend the meeting and if necessary agree to a delay to enable this to happen. 2. Obtain medical advice and evidence wherever possible. 3. Only proceed in the absence of the employee in exceptional circumstances. 4. Obtain advice before making a decision about how to proceed.
Useful Links BHS v Burchell Polkey Case ACAS Code of Practice Khanum v Mid Glamorgan Area Health Authority Unfair Dismissal Mini Series Episode 1 Unfair Dismissal Mini Series Episode 2 Unfair Dismissal Mini Series Episode 3 Unfair Dismissal Mini Series Episode 4 Unfair Dismissal Mini Series Episode 5 Unfair Dismissal FAQ's Please do leave any comments, ideas and best practice below. Please ensure that any comments are respectful to all views and opinions.
As part of our HR Harbour annual subscription service for employers we provide guidance and training on unfair dismissal. 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 telephone 01983 897003, 01722 653001 or 023 8098 2006
Sign up for our fortnightly newsletter for Employers & HR professionals Email Address *
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Please do not worry I will not send you spam! We will also not pass on your details to anyone else and will comply with the terms of our Privacy Policy in handling your data.
The only data we will hold is your name and email address.
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
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.
Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh
HR Isle of Wight | HR Salisbury | HR Eastleigh
What are your options with disciplinary action & double jeopardy In this episode of the podcast I cover a listener question, which asks, how far back can you go with a disciplinary issue? and can you resurrect an issue that a previous manager dealt with informally but you now feel should have been dealt with as a formal disciplinary issue? In this episode I will cover: * The risks if you dismiss an employee for an issue that has previously been dealt with informally. * A case where employees were 'tried' twice for the same issue by their employer and found to have been fairly dismissed. * A case where an employee was given a warning to start with and then subsequently dismissed and it was found to be unfair. * The test of reasonableness and why it is relevant to disciplinary decisions. * Why the manager's behaviour in this scenario could be seen as bullying. * What you should consider if you are in similar circumstances. * Double jeopardy or res judicata in respect of employment issues.
Action Points 1. Ensure that you and any managers, supervisors and decision makers in your business are trained on your standards of conduct and understand how to handle conduct issues correctly the first time; 2. Review your disciplinary procedure and rules and ensure that you have a good and easy to follow process in place; 3. Seek advice if you are unsure about the situation.
We offer training in respect of the correct ways to handle disciplinary processes and we can also review and advise on your procedures for you so please do get in touch if we can be of any assistance. Useful Links Sarkar v West London Mental Health NHS Trust 2010 Christou and another v London Borough of Haringey 2013 Williams v Leeds United Football Club Episode 108 of the Podcast Please do leave any comments or observations you have on this case below. Please ensure that any comments are respectful to all views and opinions.
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
Big thanks to Leslies Motors who have loaned us a new Kia Ceed to trial for the month - www.lesliesmotors.co.uk
Sign up for our fortnightly newsletter for Employers & HR professionals Email Address *
First Name
Last Name
* indicates required I agree to submit my data for newsletters & marketing purposes. View our Privacy Policy.
Please do not worry I will not send you spam! We will also not pass on your details to anyone else and will comply with the terms of our Privacy Policy in handling your data.
The only data we will hold is your name and email address.
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
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.
Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh
HR Isle of Wight | HR Salisbury | HR Eastleigh
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 https://www.gov.uk/employment-tribunal-decisions
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
Sign up for our fortnightly newsletter for Employers & HR professionals Email Address *
First Name
Last Name
* indicates required I agree to submit my data for newsletters & marketing purposes. View our Privacy Policy.
Please do not worry I will not send you spam! We will also not pass on your details to anyone else and will comply with the terms of our Privacy Policy in handling your data.
The only data we will hold is your name and email address.
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
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.
Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh
Can an employer fairly dismiss an employee for serious misconduct without any warnings? In this episode of the podcast I cover a couple of points including a recent Appeal Tribunal case about unfair dismissal, an update on delays in the Employment Tribunal and a question answered about pregnancy and sickness. In this episode I will cover: * The case of MR A BARONGO v QUINTILES COMMERCIAL UK LIMITED; * What you need to consider when deciding on dismissal in a case of serious, but not gross, misconduct; * Why there are delays in the Employment Tribunal process currently; * Whether you are able to ask an employee who is pregnant to fill in a sickness reporting form when absent due to sickness.
Action Points 1. Ensure that you seek advice before making a decision about dismissal; 2. Obtain training or give guidance to your managers about how to deal with pregnant employees; 3. Ensure that you stay up to date with employment law developments by signing up to our free fortnightly newsletter.
Useful Links You can read the full case here: MR A BARONGO v QUINTILES COMMERCIAL UK LIMITED
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
Sign up for our fortnightly newsletter for Employers & HR professionals Email Address *
First Name
Last Name
* indicates required I agree to submit my data for newsletters & marketing purposes. View our Privacy Policy.
Please do not worry I will not send you spam! We will also not pass on your details to anyone else and will comply with the terms of our Privacy Policy in handling your data.
The only data we will hold is your name and email address.
Would you like advice about your situation? Appointments are available on the telephone or via Skype throughout the UK.
Alternatively we offer face to face appointments on the Isle of Wight, Salisbury, Eastleigh, Southampton, Fareham, Portsmouth, Winchester and surrounding areas in Hampshire.
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.
Solicitors Isle of Wight | Solicitors Salisbury | Solicitors Eastleigh