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.

Not Every Accident Can be Explained – Workplace Head Injuries Ruling

Judges are experts at uncovering the truth but, in rare cases, it is simply not possible to decisively establish the cause of an accident. That was so in the case of an HGV driver who had no memory of an incident which left him with life-changing head injuries. The man had been cleaning his tractor unit before he was found unconscious in the yard of the crane hire company he worked for. Due to the severity of his head injuries, he had no recollection of how he suffered two blows with a hard,…

Peculiar Scoring System Rendered Genuine Redundancy Exercise Unfair

A redundancy exercise may be based on reasonable criteria yet flaws in the scoring system used to assess employees’ performance may still render a dismissal unfair. In a case on point, an Employment Tribunal (ET) identified a number of errors and peculiarities in a scoring procedure that led to an agency worker wrongly losing his job. Faced with a business downturn arising from the COVID-19 pandemic, the employer selected a group of eight workers on the basis of their length of service, from…

EAT Reinstates Claims Struck Out for Failure to Comply With Order

The Employment Appeal Tribunal (EAT) has upheld an appeal against the striking out of a man’s claims after he failed to comply with a case management order, finding that the Employment Tribunal (ET) had failed to consider whether a fair trial was still possible and that an unless order should have been made instead. The man had brought a number of claims including disability discrimination, failure to make reasonable adjustments, harassment and victimisation. The ET considered that it was not…