Unfair Dismissal

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How to dismiss an employee with less than 2 years’ service?

20th July 2018

An employee needs 2 years’ service to claim unfair dismissal. Many employers are aware of this. We found that our clients can have contrasting assumptions or attitudes about dismissing an employee under 2 years. Many employers assume that they can safely dismiss for any reason, others are very conservative and are prepared to follow a […]

Romance may not be dead, but boy can it cause trouble!

12th February 2015

With Valentine’s Day looming, we thought we needed to talk about the burning topic of office romances. You may think that the office affair is a bit of a cliché that only happens in films or in books, but with a quick scoot around the internet, you will find lots of articles covering everything from […]

Rise in maximum award for unfair dismissal and week’s pay

10th April 2014

The employment tribunal compensation limits have risen under the Employment Rights (Increase of Limits) Order 2014, reflecting an  RPI rise of 3.2%. The maximum award for unfair dismissal is now the lower of 52 weeks’ pay or £76,574, where 52 weeks’ pay is 52 times one week’s actual gross pay for the employee at the time […]

Successfully defending a constructive dismissal case

21st February 2014

Constructive dismissal cases are notoriously difficult to win. Despite this, a number are brought every year. No doubt, there are some constructive dismissal cases that are justified. The constructive dismissal claim we defended for our client at the end of last year was not one of them. This blog is about why the claimant in […]

Fast Track Acas Settlements

26th April 2013

Over the years, we have dealt with Acas to settle employment tribunal claims on many occasions and generally our experience has been good. They provide a very useful service in helping Claimants and Respondent discuss the possibility of settlement without any comment on the merits of the case. Once a settlement has been reached in […]

Shark wrestling and the perils of employment

13th March 2013

There were a lot of stories in the news this week about Welsh charity worker Paul Marshallsea, who was dismissed after his bosses saw footage of him wrestling a shark in Australia while he was off work with stress.  Could this be a fair reason for dismissal? From what we can gather from various news […]

Sod it. Let’s just make him redundant..

2nd March 2012

Over the years, we have had numerous discussions with clients about terminating the employment of someone who is not very good at their job. Almost inevitably, at some point during the conversation, the client will ask why we can’t just make him redundant? Our answer is generally because the job isn’t redundant. So what is […]

Beware: the two year qualifying period will take affect for new employees only

31st January 2012

One of the most publicly announced reforms in employment law coming into force on 6th April 2012 is the increase of the qualifying period to claim unfair dismissal from one year to two. We commented on this last year https://www.employease.co.uk/blog/?m=20111007 However, there has been a bit of news on this change. A number of organisations including […]

Is it a good thing to give an employer the right to treat an employee unfairly?

27th October 2011

There has been a lot of noise in the media and the blogosphere about the leaked report written by venture capitalist Adrian Beecroft, which has been reported as recommending the abolition of unfair dismissal laws. We have seen two extracts purporting to be from that report. Working on the principle that what we have seen […]

Unfair dismissal: will the increase in the qualifying period help businesses?

7th October 2011

This summer has been a quiet time on the employment law front. However, the season of mists and mellow fruitfulness (and party conferences) arrived in a heat wave of proposed changes to legislation. George Osborne had two notable announcements to make regarding employment law. Firstly, the government intends to raise the length of service requirement […]