In deciding whether an entitlement to a redundancy payment is lost by the refusal of an offer of suitable alternative work, it’s important to consider the practical effects of any differences between the old role and the new role.
Employment Law Cases
An employee made redundant in the early months of the COVID-19 pandemic was unfairly dismissed because her employer hadn’t considered furloughing her.
Up to date medical evidence is vital when defending the fairness of an ill-health capability dismissal, although only if it’s obtained before a dismissal.
An employee was fairly dismissed for some other substantial reason when he was charged with a criminal offence but never prosecuted.
The burden of proof remains on a claimant in a discrimination case to prove, on the balance of probabilities, facts from which (absent any other explanation) a tribunal could infer that an unlawful act of discrimination had taken place. The change in wording to the balance of proof provisions in the Equality Act 2010 did not introduce a substantive change to the law.
A ban on workers wearing any visible sign of political, philosophical or religious belief in the workplace does not amount to direct discrimination under EU law, provided that such a rule is applied in a general and unconditional way.
The dismissal of an employee who remained abroad at the start of the pandemic was automatically unfair on health and safety grounds.
Departing from previous authority, the EAT has held that a constructive dismissal can amount to harassment under the Equality Act.
Because a whistleblower’s behaviour after he’d blown the whistle was separate and distinct from his act of whistleblowing, his subsequent dismissal was not automatically unfair.
Tribunals must accept as fact that women still bear the primary burden of childcare responsibilities and this hinders their ability to work certain hours.
Riders for Deliveroo are not ‘workers’ and not in an ‘employment relationship’ for the purposes of European law such as to enable them to seek compulsory union recognition.
The dismissal of an employee who’d expressed concerns about commuting during COVID-19 and who asked to be furloughed was not automatically unfair.
An employee was unfairly dismissed for raising health and safety issues about lack of PPE and other workplace COVID-secure measures.
The power to grant an interim relief order is not available in discrimination claims.
The treaty which forms the basis of the right to equal pay in European law has direct effect in respect of claims where work is said to be of equal value, and not merely in respect of other instances of ‘equal work’ under UK legislation (i.e. like work or work rated as equivalent). It therefore can be invoked in legal proceedings between individuals directly.
A contractual right to vary contractual terms does not prevent a dismissal claim under TUPE.
An incorporated collectively agreed term was not apt for incorporation into an individual employment contract so as to enable an employee to rely on a breach of it as giving rise to a constructive dismissal claim.
Where the actions of an employer amount to a fundamental breach of contract, nothing that the employer does after that point can cure that breach.
An employee dismissed because of the friction caused in the workplace by the way he’d instituted a new health and safety regime had been automatically unfairly dismissed.
An employer’s genuine and rational lack of belief in an employee’s capability can render it not practicable for the employee to be re-engaged following an unfair dismissal.
- Page 3 of 5