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.

Are You Sure Your Employee’s Misbehaviour is Not Disability-Related?

You may be justified in dismissing a misbehaving employee but, before doing so, it is always essential to ask yourself whether their conduct may arise from a disability. An Employment Tribunal (ET) powerfully made that point in upholding a diabetic hotel worker’s disability discrimination claim. The employee, who suffered from insulin-dependent type 1 diabetes, admitted that his behaviour in the six months he worked at the hotel was sometimes poor. He was dismissed following an incident in…

Coastguard Volunteer a ‘Worker’ When Performing Paid Activities

A person who performs a voluntary role may nonetheless meet the definition of a ‘worker’ under Section 230(3) of the Employment Rights Act 1996, depending on the individual circumstances. Recently, the Employment Appeal Tribunal (EAT) ruled that a man who volunteered for the Coastguard Rescue Service (CRS) was a worker when performing activities for which he was entitled to claim payment. The man had held voluntary roles within the CRS since 1985. After he was invited to a disciplinary hearing,…

Nightclub Dancer Compensated Following Vicious Assault by Customer

Public-facing businesses are under a clear legal duty to protect their personnel from the risk of assault by customers. In a case on point, a nightclub dancer who was viciously attacked by a client was awarded substantial compensation after a culpable delay in security staff coming to her aid. She remonstrated with the client after he broke the club’s strict ‘no touching’ rule by slapping her on the buttock. He first tried to punch her before smashing a glass over her head, resulting in…