EAT UNFAIR DISMISSAL Reason for dismissal including substantial other reason Compensation DISABILITY DISCRIMINATION – Disability related discrimination The decision of the Employment Tribunal that the dismissal of the Claimant pastry chef for using non-kosher jam in a product sold in an establishment subject to requirements of Kedassia was an act of victimisation under the Equality … Continue reading Carmelli Bakeries Ltd v Benali (Unfair Dismissal : Reason for Dismissal Including Substantial Other): EAT 31 Jul 2013

The Claimant was employed by the Respondent as a cleaner. He is a national of Guinea Bissau but married to an EEA national exercising Treaty rights in the UK. That being so, the Tribunal correctly found that the Respondent was not at any risk in continuing to employ him after his residence permit expired. However, … Continue reading Sanha v Facilicom Cleaning Services Ltd (Unfair Dismissal): EAT 25 Feb 2020

The two employees who, after they were dismissed and their complaints of unfair dismissal were upheld by an industrial tribunal, but before the assessment of compensation, disclosed allegedly confidential information about their former employers to a national newspaper in breach of their continuing obligation of confidentiality under their contract of employment. The court was asked … Continue reading Soros and Another v Davison and Another: EAT 24 Jan 1994

Unfair Dismissal: Constructive Dismissal – Contributory fault The Employment Judge found that the Claimant had been unfairly constructively dismissed by the Respondent employers but that his compensatory award should be reduced by 30% under section 123(6) of the Employment Rights Act 1996. The employers appealed against the finding of constructive dismissal and he cross-appealed against … Continue reading Peakquote Ltd and Another v Levy: EAT 9 Feb 2015

Unfair Dismissal: Contributory Fault – Polkey deduction Employment Rights Act 1996 sections 122(2) (basic award) and 123(1) and (6) (compensatory award) Unfair Dismissal – Compensatory Award – Polkey reduction Eady QC HHJ [2015] UKEAT 0287 – 14 – 1602 Bailii Employment Rights Act 1996 122(2) 123(1) 123(6) England and Wales Employment Updated: 29 December 2021; … Continue reading Williams v Amey Services Ltd (Unfair Dismissal: Contributory Fault): EAT 16 Feb 2015

The Claimant, who was a Team Leader working in recycling, tested positive for cannabis as part of a random drugs test. He was dismissed on 31 March 2020 following a disciplinary hearing on the basis that he was under the influence of drugs which affected his performance. An appeal was unsuccessful. The Employment Tribunal held … Continue reading Renewi UK Services Ltd v Pamment (Unfair Dismissal): EAT 26 Oct 2021

EAT Contract of Employment : Wrongful Dismissal – Implied term/variation/construction of term UNFAIR DISMISSAL – Contributory fault The Claimant was summarily dismissed. He brought a claim of wrongful dismissal. The Employment Judge found that he had been wrongfully dismissed, the conduct upon which the Respondent relied not being inadvertent and not in repudiatory breach. It … Continue reading Robert Bates Wrekin Landscapes Ltd v Knight: EAT 30 Jan 2014

UNFAIR DISMISSAL – Polkey deduction UNFAIR DISMISSAL – Contributory fault UNFAIR DISMISSAL – Mitigation of loss Unfair dismissal – compensation – Polkey reduction – contributory fault – mitigation of loss The ET found the Claimant had been dismissed from his employment by reason of his conduct, after he had initiated an altercation with the Managing … Continue reading Singh v Glass Express Midlands Ltd (Unfair Dismissal – Polkey Deduction): EAT 15 Jun 2018