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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
Employment Tribunal Forms: The Basics If you are making a claim at the Employment Tribunal for the first time it can all seem a bit overwhelming and at times daunting. The idea of Employment Tribunal Forms and deadlines could put anyone off. In reality there is only one form that you need to consider and … Read more
When making an unfair dismissal claim one important thing to consider is the amount of compensation that you are going to receive. When a Tribunal is awarding compensation this is split up into two main sections which are the basic award and the compensatory award. The basic award can be calculated accurately  however it is … Read more
A firm of pawn brokers in Runcorn, Cheshire, has successfully opposed a compensation claim for unfair dismissal from a former employee after employment tribunal deadlines were missed. The branch of Cash Converters was told during a preliminary hearing in Birmingham that it had “no case to answer” against Craig Tansley. Mr Tansley had been dismissed … Read more
A man from Staffordshire, who complained that he was dismissed while recovering from a heart operation, has lost the chance to pursue a disability discrimination claim. However, at a preliminary hearing at Birmingham Employment Tribunal he has been given the green light to claim for unfair dismissal. David Darby complained that after being put on … Read more
A Scottish timber building company has lost an unfair dismissal case brought by an employee who was sacked after making derogatory comments on Facebook. Niall Kass, a lorry driver for the company Gillies and Mackay Ltd in Pertshire, was stopped by the police in his company vehicle which had an expired MOT. He was served … Read more
Within the Employment Rights Act 1996[1] and certain other pieces of legislation there are protections in place for employees greater than those afforded by a standard unfair dismissal claim. If an employee is dismissed for one of these reasons laid out in statute and it can be proved that it was the reason or principal reason … Read more
We have recently been instructed to assist a client who was, unfortunately, quite suddenly dismissed after he refused to accept a pay cut. Although surprising, it is possible for employers to dismiss employees if they refuse to accept a pay cut however, such dismissals will often be subjected the scrutiny of Employment Tribunals if the … Read more
Whistle blowing occurs when a worker reports what he feels is suspected wrongdoing at work. The things which workers can report include anything that is illegal or if work are neglecting various duties such as health and safety, environmental issues, covering up wrongdoing etc. An employee should not be dismissed because of the whistle blowing … Read more
The chief executive of a property business who sacked his 32 year old PA after a 3-year affair faces a significant payout after she won a claim for unfair dismissal.[1] The affair between the PA and the chief executive who was some 20 years older than her, lasted for 3 years. During this time he … Read more