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Due to how our legal system works Employment Tribunal cases are not classed as precedents. (This means that they can’t be used to support any argument you or your representative are wishing to portray) However if the tribunal case is then taken further such as to the Employment Appeal Tribunal or to the Courts above … Read more
Redundancy Criteria:Williams and Others v Compair Maxam [1982] ICR 156[1] When an employer is considering having to make redundancies in the company they are not able to cherry pick the employees that they want to keep on. They instead have to have a proper redundancy criteria from which they select the employees who are to … Read more
Western Excavating v Sharp [1978] ICR 221[1] When attempting to take an employer to the tribunal for Constructive unfair dismissal one of the key cases that has to be considered is that of Western Excavating v Sharp. This case lays out the foundation elements to create constructive dismissal. The facts of the case are fairly … Read more
Range of Reasonable Responses: Iceland Frozen Foods v Jones [1983] ICR 17[1] When considering whether a misconduct dismissal was fair or not, the Tribunal not only looks at whether the employer had a reasonable belief that the employee was guilty of the misconduct (as in the Burchell test laid out in BHS v Burchell) but they … Read more
The Burchell Test:Â British Home Stores v Burchell [1978] IRLR 379[1]Â When a tribunal is trying to decide whether a dismissal for misconduct is fair or unfair a case that they will almost certainly look at is that of BHS v Burchell which is the basis for the Burchell Test. In this case an employee was … Read more
Polkey v AE Dayton Services Ltd [1987] UKHL 8[1] This case brought about the Polkey rule which although was formulated in a case to do with redundancy it is applicable to all other dismissals as well. The facts in this case are very simple. The employee Mr Polkey worked as a van driver for 4 … Read more