Unfair Dismissal

Effective date of termination and summary dismissal

A clear communication that a contract has ended determines the effective date of termination - it’s not something that the parties can simply agree.

Protected conversations and the date of dismissal

A tribunal can hear evidence about protected conversations if the actual date of termination is disputed.

Protected conversations and 'without prejudice'

An employer cannot pick and choose when the ‘without prejudice’ rule applies to selectively use information gained during a protected conversation to its advantage in subsequent tribunal proceedings.

Immigration Act and unfair dismissal

An employer could not claim ‘illegality’ as a fair reason to dismiss an employee when the employee failed to provide right-to work documentation.

Can an investigation be too thorough?

Including incidents in an investigatory report - which didn’t result in any disciplinary action – didn’t make the subsequent dismissal unfair.

Employer pension contributions and a 'week's pay'

Contrary to long-established practice, employer pension contributions do count towards the calculation of a ‘week’s pay’ says the EAT.

Fair dismissal for derogatory Facebook post

The dismissal of a long-serving employee following derogatory comments about her employer on Facebook was fair.

Procedural failing in dismissal process didn't make dismissal unfair

Elmore v The Governors of Darland High School


Neither a failure to explain why an employee’s appeal had been rejected nor a failure to call witness evidence of the appeal at the tribunal hearing made an employee’s dismissal unfair.

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