Lost Your Job Due to the Pandemic? You May Have Been Unfairly Dismissed

If you are amongst the cohort of workers who have been made redundant in the wake of the pandemic and feel that you have been treated unfairly, you should contact a solicitor without delay. In one case, a bar manager who was sacked without notice received thousands of pounds in…

Nov 05, 2021

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If you are amongst the cohort of workers who have been made redundant in the wake of the pandemic and feel that you have been treated unfairly, you should contact a solicitor without delay. In one case, a bar manager who was sacked without notice received thousands of pounds in compensation.

After several months on furlough, the 58-year-old man, who had been employed at a hotel for six years, was asked to return to work to prepare for reopening. A few weeks later, however, he received a letter out of the blue, stating that he was being made redundant with immediate effect. Despite attempting to contact his employer, he received no information about sums that he was owed.

After he took action, an Employment Tribunal (ET) noted that there was a genuine redundancy situation that provided his employer with a potentially fair reason for dismissing him. In upholding his unfair dismissal complaint, however, the ET found that the procedure followed was plainly deficient. The letter was dated two weeks before he received it, yet he was given no prior notice of the redundancy situation.

His dismissal also amounted to a breach of contract in that, although he was entitled to six weeks’ notice, he received none. The employer’s failure to pay him in respect of four days’ untaken leave was an unlawful deduction from his wages. The same was true of the failure to pay him for 28 hours worked and for two of the weeks he spent on furlough. The ET awarded him a total of £5,472 in compensation.

A Fair Redundancy Process Requires Consultation at a Formative Stage

A fair redundancy process requires consultation of affected employees at a formative stage when there is at least the potential for them to influence the outcome. The Employment Appeal Tribunal (EAT) succinctly made that point in finding that a recruitment consultant in the banking sector was unfairly dismissed. The man’s employer, part of an American-owned group, experienced a downturn in business due to the COVID-19 pandemic. A decision was taken that redundancies were required amongst…

Workplace Banter May Be Fine, But Not If it Tips Over Into Harassment

A certain amount of foul-mouthed banter is only to be expected in a robust working environment. As an Employment Tribunal (ET) ruling showed, however, employers who allow it to tip over into hostile and discriminatory abuse are likely to pay a high financial and reputational price. The case concerned a white worker, aged in his early 50s, who was employed by a tyre recycling company. He worked as part of a small team in which white people were in a minority. He said that a younger black…

Disability Discrimination by Association – Guideline EAT Decision

It may sound surprising, but you need not necessarily be disabled in order to suffer disability discrimination. As one case showed, it is legally possible for a non-disabled employee to suffer discrimination by association with a disabled colleague. A sales manager was recruited by a company’s sales and marketing director, who subsequently became disabled due to cancer. After both men were dismissed, the manager launched proceedings, asserting that he had been subjected to direct disability…