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.

Resignation in the Heat of the Moment – EAT Sets Out the Legal Principles

When an employee utters words of resignation in the heat of the moment, employers are often left in doubt as to whether they should take them at face value. In an important ruling, the Employment Appeal Tribunal (EAT) has for the first time drawn together the legal principles that apply to such cases. A community advice centre employee said words of resignation after an altercation with his line manager, giving one month’s notice of his departure. The precise words that he used were disputed.…

Workplace Disciplinary Proceedings – Empathy and Understanding Required

The critical issue in many employment cases is whether an employee’s dismissal lies within the range of reasonable responses open to the employer. As an Employment Appeal Tribunal (EAT) ruling showed, the answer to that question often depends on the level of empathy and understanding shown in the disciplinary process. The case concerned a university library employee who was working alone behind the reception desk when, as she was entitled to do, she asked a student to show her photo identity…

Worker Sacked for Black Lives Matter Comment Wins Unfair Dismissal Claim

Race discrimination is amongst the most sensitive issues that any employer needs to address, and all the more so since the tragic death of George Floyd at the hands of a US police officer and the growth of the Black Lives Matter (BLM) movement. An Employment Tribunal (ET) made that point in ruling that a supermarket worker was unfairly dismissed for making a comment concerning a black children’s toy. After picking up the soft toy, which appeared to represent a black rabbit, the white British…