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The Employment Act does not specify territorial scope in regards to the rights of an employee. In a the Lawson vs Serco case, the court of appeal and the House of Lords relied on case law alone to come to their verdict. The employer, Serco Ltd is a UK company which operates world-wide providing … Read more
A caravan park manager who resigned from his job after two money-making schemes had been discovered by his employers, has lost his unfair dismissal claim. Clarence Fitzsimmons who had managed the caravan park in Rhyl for 7 years, resigned in February 2013 but claimed constructive unfair dismissal. Mr Fitzsimmons claimed that pressure from the park … Read more
As reported by the Watford Observer last week, a former special needs teacher was “dismissed unfairly” from Central Primary School in Watford. Kay Hart had been sacked after suffering severe depression, following the sudden death of her husband. An Employment Tribunal heard that Mrs Hart’s husband of 26 years, Graham, died suddenly at the age … Read more
What are the Grounds for unfair dismissal claims? The grounds for unfair dismissal claims are such that if you have been dismissed without any good reason by your employer and you have been employed for at least 2 years (this is following the 6 April 2012, if you were employed prior to that date you … Read more
Tom Street & Co were recently instructed to assist a young man in connection with an unfair dismissal claim he wished to advance against his former employers. His employers were a high street retailer. He was dismissed for gross misconduct in connection with the alleged theft of extremely low-value items in this case, confectionary items. … Read more
One of the most important statutory (legal) rights is the right to claim unfair dismissal. Â A great deal of unfair dismissal cases have been heard by employment tribunals and what follows is a consideration of the most important of those cases. Â An employee proposing to make an unfair dismissal claim must show that he has … Read more
A teaching assistant from Cannock has been awarded more than ÂŁ16,000 in compensation after winning her school unfair dismissal case against Bridgtown Primary. Paula Williams, 45, was wrongly dismissed after claims that she swore in front of pupils, used inappropriate language and also posted “inappropriate Facebook photos”. The school head teacher, Joanna Raybould, told the … Read more
The main employee rights available in the UK are set out below. Â If you feel that you are being denied your statutory (legal) rights or you need any kind of employment law advice then please contact the Do I Have A Case helpline on 0800 0148727 for free, no obligation legal advice. Employment Rights Act … 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