Unfair Dismissal

It was not unfair to dismiss an employee after reopening a previously concluded disciplinary process that had led to a final written warning.

An employee dismissed for leaving work and refusing to return because of COVID-19-related concerns was not automatically unfairly dismissed.

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.

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.

A fundamental breach of contract can be established even where the employer’s actions do not indicate an intention to end the employment relationship.

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.

The dismissal of a care home employee for refusing to be vaccinated against COVID-19 was fair.

An employee was unfairly dismissed after raising health and safety concerns about working during lockdown.

An employee’s dismissal for using a grievance process in a frivolous and vexatious manner was fair.

An employee had not been automatically unfairly dismissed because of her employer’s refusal to allow her to work from home during the pandemic. Her belief that there were circumstances of serious and imminent danger was not objectively reasonable given that her employer had assessed the risks and addressed the need for increased levels of hygiene and social distancing.

The dismissal of an employee was fair because he’d acted in ‘wilful disregard’ of an anti-corruption policy, even though he’d not deliberately intended to breach the policy and had no corrupt intent.

An employee can bring a claim for automatic unfair dismissal if they are instructed to infringe their statutory rights, even if the infringement has not actually occurred.

A tribunal did not need to ‘look behind’ a final written warning to consider its fairness.

An email between an employer and its HR consultant was protected by litigation privilege despite indicating a pre-determined decision to dismiss.

Where a dismissal is because of an irretrievable breakdown in the employer/employee relationship, the failure to offer/carry out an appeal post-dismissal will not always render a dismissal unfair.

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 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.