Sacking Employees for Asserting Their Statutory Rights is Always Unfair

Workers who exercise their entitlement to take a firm stand on their statutory rights may sadly be viewed askance by some employers. However, as an Employment Tribunal (ET) ruling made plain, dismissing them for doing so is, as a matter of law, automatically unfair.

The case concerned an…

Oct 10, 2023

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Workers who exercise their entitlement to take a firm stand on their statutory rights may sadly be viewed askance by some employers. However, as an Employment Tribunal (ET) ruling made plain, dismissing them for doing so is, as a matter of law, automatically unfair.

The case concerned an early-years practitioner who worked for a company that ran a pre-school. Various issues had arisen between her and a director of the company in respect of the calculation of her pay, particularly in the context of the COVID-19 pandemic. She was ultimately summarily dismissed on the stated ground that she had committed repudiatory breaches of her employment contract.

After she launched proceedings, the ET noted that it was fair to say that allegations had been made on both sides and that the language of their correspondence had become increasingly forceful and emotive. The director did not appreciate being subject to challenge in respect of his calculations and viewed her pursuit of her rights in respect of her pay as insubordination.

Whilst expressing sympathy for the owner of a small business having to navigate the complexities of employment law, particularly during the pandemic, the ET found that the principal reason for her dismissal was her assertion of her statutory rights in relation to her wages. Her dismissal was thus automatically unfair within the meaning of Section 104 of the Employment Rights Act 1996.

In also upholding her wrongful dismissal claim, the ET found that the company had breached her contract by failing to pay her four weeks’ wages in lieu of notice. Unauthorised deductions had been made from her pay and pension contributions had been made at rates below her contractual entitlement. If not agreed, the amount of her compensation would be assessed at a further hearing.

Exemplary Sales Assistant Succeeds in Pregnancy Discrimination Claim

There can be few things more harmful to an employer’s reputation than a finding that it has discriminated against a worker for being pregnant. In a damning decision, an Employment Tribunal (ET) ruled that an exemplary sales assistant was dismissed because of her employer’s reluctance to shoulder the cost of her maternity leave. The woman was a model employee who worked long hours, six days a week, for a retailer that paid her the minimum wage. During the 13 months she held her job, she was…

ET Erred in Considering ‘Last Straw’ in Constructive Dismissal

The Employment Appeal Tribunal (EAT) has upheld an HGV driver’s appeal against the rejection of his constructive unfair dismissal claim, finding that the Employment Tribunal (ET) had misdirected itself on the proper approach to considering the ‘last straw’. The HGV driver’s role involved collecting spent grain from distilleries, taking it to a biogas plant and tipping it into an intake hopper. Following operational changes at the plant, he felt under pressure and found it difficult to take…

In Employment Law Terms, Asperger’s Syndrome Can Be a Disability

A great many employers would agree that thinking differently is a positive advantage to those with Asperger’s syndrome and that they have much of value to contribute to the workplace. However, as one case showed, the condition may nevertheless be classified as a disability in employment law terms. After a man with a longstanding diagnosis of Asperger’s syndrome lodged an Employment Tribunal (ET) complaint against his telecommunications company employer, the question of whether he was disabled,…