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Do I have to disclose my previous dismissal to my new employer?

21 February 2025

This is a question that clients ask all the time and one to which there really is no satisfactory answer. You can see how disclosing a previous dismissal if it was for cause – gross misconduct for example, might present serious difficulties when it comes to finding a new position. In some careers and industries […]

Is it Unlawful to Discipline or Dismiss an Employee for Their Political Views?

27 January 2025

In 2025 political discourse seems to be increasingly polarised, and it seems that an increasing number of people hold political views that others find extreme and offensive. This leads to heated disagreements arising more and more in all spheres of life, which inevitably spills over into the workplace. An increasing number of employees are finding […]

Dismissed because of pressure from a third party

8 January 2025

There are five potentially fair reasons an employer can rely on when dismissing an employee who qualifies for unfair dismissal protection by having two or more years continuous service. This blog focuses on the Some Other Substantial Reason (SOSR) defence that is often used if the dismissal does not fall in the other categories – capability, […]

Can I get more damages than the statutory cap for unfair dismissal?

9 October 2024

Yes, is the short answer where the claimant seeks an order for re-engagement and is awarded backpay from the date of dismissal to the date of the tribunal hearing. This happened in Bradley Jones v J P Morgan Securities plc where the Employment Tribunal (ET) ordered that Mr Jones be re-engaged by the bank and awarded […]

Long-term sickness absence leading to dismissal

11 September 2024

The case of Parnell v Royal Mail Group Ltd concerned a postman/driver who had suffered from depression and anxiety since 2012. In April 2018 he received a disciplinary warning which was to stay on his record for two years. Just prior to receiving the warning the worker went on sick leave. Royal Mail made multiple […]

Only the employer’s conduct is relevant when considering a constructive dismissal claim

9 September 2024

Constructive dismissal claims are one of the hardest claims to successfully pursue. This is because the burden of proof is on the employee to show that they resigned as a result of a repudiatory breach of their contract of employment by their employer. A repudiatory breach is where the employer does something that goes to […]

Refusal to have Covid vaccine led to fair dismissal

5 August 2024

We are still seeing the Covid-19 cases relating to employee refusal to have the vaccines trickling through the courts. This serves as a reminder as to how long litigation can take. The case of Masiero & others v Barchester Healthcare PLC is an Employment Appeal Tribunal (EAT) case that considered whether claimants employed in care homes […]

Redeployment as an alternative to dismissal

22 July 2024

In the case of Bugden v Royal Mail Group the Claimant, Mr Bugden was dismissed following periods of ill-health related absence. He brought employment tribunal claims for both unfair dismissal and disability discrimination which included a claim for a failure to make reasonable adjustments. These claims all failed in the Employment Tribunal (ET). The Claimant appealed to […]