A successful appeal against a dismissal will automatically result in reinstatement back into employment unless the employee objectively and unequivocally withdraws their appeal against dismissal before the appeal is decided. This remains the case even where the employee expressly says to the appeal decision maker that they do not want to return to work.
Employment Law Cases
Unknown future discrimination claims cannot be compromised by a settlement agreement, which is restricted to complaints known to the parties at the time of settling.
An employer acted unfairly when it did not consult on redundancy selection criteria, where the sole selection criteria inevitably led to a redundancy pool of one.
The right to participate in a share incentive plan transferred to a new employer under TUPE, even though the employee’s entitlement to participate in the plan arose under an agreement separate from and not referred to in his contract of employment.
A barristers’ chambers discriminated against a barrister due to her protected belief that a woman is defined by her sex (a ‘gender critical’ belief).
An employee was not automatically unfairly dismissed after making protected disclosures because her dismissal was for conduct reasons that were separable from the disclosures themselves.
An employee was fairly dismissed for failing to disclose his bankruptcy, despite the absence of an express contractual requirement or policy requiring him to do so.
An employer was liable to pay the level of income protection payments set out in an offer letter and summary of benefits provided by the employee’s original employer prior to a TUPE transfer, even though those benefits were no longer covered under the employer’s insurance policy.
An employer was entitled to dismiss and offer to re-engage employees on new terms (fire and rehire) to remove pay protection it had originally referred to as ‘permanent’. An earlier injunction preventing it from doing so was overturned.
Entitlement to holiday pay under the Working Time Regulations 1998 does not need to be pro-rated for part-year workers
‘Gender-critical’ beliefs, including a belief that biological sex is real, important, immutable and not to be conflated with gender identity, are protected under the Equality Act and the European Convention on Human Rights.
An employee’s belief that a person cannot change their sex/gender at will, and his lack of belief in ‘transgenderism’, were protected under the Equality Act 2010. However, a tribunal had correctly held that his employer’s response to his refusal to use transgender service users’ preferred pronouns was not direct or indirect discrimination or harassment.
A failure to give a disabled employee a reasonable trial in a role at a different location meant that the employer could not show that her dismissal was objectively justified.
A fundamental breach of contract can be established even where the employer’s actions do not indicate an intention to end the employment relationship.
An employer’s imposition of a pay award, at a time when negotiations with the union were stalled, was an unlawful inducement.
A complete lack of any consultation or selection process, allied to notifying staff of redundancies via a Facebook post, led to unfair dismissal.
An employee dismissed for leaving work and refusing to return because of COVID-19-related concerns was not automatically unfairly dismissed.
A failure to make reasonable adjustments as part of a dismissal process doesn’t mean that the dismissal itself is necessarily unfair.
An employee who requests voluntary redundancy does not necessarily have no reasonable prospects of success in a claim for unfair dismissal.
Workers are not protected against being subject to a detriment by their employer for participating in industrial action.
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