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

Markus spiske oo89 95auc0 unsplash 683x1024

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.

Veteran Supermarket Worker’s Summary Dismissal Did Not Fit the Offence

When dealing with allegations of gross misconduct, an employer may conduct an entirely reasonable investigation and disciplinary process, but as one case showed, the final – and perhaps most important – question in a decision-maker’s mind must be whether any sanction imposed fits the offence. The case concerned a bizarre series of text messages sent by a supermarket worker to his manager. They made reference to a knife and the manager viewed them as a threat. Following an internal investigation…

Court of Appeal Upholds Entitlements of Employee on Long-Term Sick Leave

Many employers offer their staff the benefit of insurance-backed income protection schemes that provide them with financial security in the event of long-term illness. The legal effect of one such scheme came under analysis by the Court of Appeal in a case concerning an engineer who had been on sick leave for well over a decade. The engineer went on sick leave in 2009, suffering from chronic fatigue syndrome, and had been off work continuously ever since. Throughout all but the first 13 weeks…

Causation Issue Stymies Assaulted Teacher’s Personal Injury Claim

Employers are required to perform risk assessments and to have policies in place to ensure the reasonable safety of their staff. As a Court of Appeal ruling concerning a pupil’s assault on a teacher showed, however, it can be very difficult to prove that breaches of such duties have caused you injury. The assistant headteacher suffered a fractured cheekbone and psychiatric injuries when the agitated pupil punched him in the face without warning. In the light of the boy’s deteriorating…