loader from loading.io

Unfair Dismissal: What is unfair dismissal?

The Employment Law & HR Podcast

Release Date: 02/16/2024

Summer Message show art Summer Message

The Employment Law & HR Podcast

This is a quick summer message as I am taking a short break from the podcast for some rest and family time.  The Real Employment Law Team are still available if you have any questions or would like any advice or support over the summer.  Thanks for listening.  Alison 

info_outline
Constructive Unfair Dismissal Explained: What is needed for a claim? show art Constructive Unfair Dismissal Explained: What is needed for a claim?

The Employment Law & HR Podcast

In this episode 251 of the podcast I bring you a rundown of the law regarding constructive unfair dismissal. In this episode I cover: What Constructive Unfair Dismissal is? How the law came about Why we have the legal right to claim constructive unfair dismissal How constructive unfair dismissal differs from unfair dismissal The leading case and judgement from Western Excavating v Sharp An employee can claim an employer has breached both express and implied terms The implied term of trust and confidence and how this was established The leading case of Malik v BCCI What an employee...

info_outline
Warnings at work show art Warnings at work

The Employment Law & HR Podcast

In this episode 250 of the podcast I bring you a run down of the process for dealing with warnings as a disciplinary or capability sanction. In this episode I cover: What a warning is. Why some managers use warnings inappropriately. When a warning should be used. The procedure for issuing a warning. Why it is important to follow the correct procedure when issuing a warning. How long warnings should last for. What you should consider if you want to give an indefinite warning. When you can take into consideration an expired warning. What to consider if you want to dismiss an employee after...

info_outline
Substantive delays in the Employment Tribunal & the impact this has on employers and employees show art Substantive delays in the Employment Tribunal & the impact this has on employers and employees

The Employment Law & HR Podcast

In this episode 249 of the podcast I bring you my thoughts on the substantive delays in the employment tribunal process which are hindering access to justice for employees and increasing costs and stress for employers and employees. In this episode I cover: My own and my colleagues first hand experience of the delays in the employment tribunal. A summary of the latest employment tribunal statistics published detailing the number of cases that have been submitted and the number of cases that are currently in the system. Some real life cases where judgements have been issued and published...

info_outline
Understanding Annual Leave Entitlement & Holiday Pay: A Guide for Employers and HR Managers show art Understanding Annual Leave Entitlement & Holiday Pay: A Guide for Employers and HR Managers

The Employment Law & HR Podcast

In this episode 248 of the podcast I bring you a reminder and refresher about the way in which you calculate holiday entitlement and pay. We cover the key points employers, employees and HR professionals need to know, including: Why it is important to calculate leave entitlement and pay separately. How to calculate annual leave entitlement for a regular employee with guaranteed or set hours. How to calculate annual leave entitlement for an irregular hours, zero hour or part year worker. What you need to consider when calculating holiday pay for all employees. When you can pay the standard or...

info_outline
Neonatal Care Leave and Pay – What You Need to Know show art Neonatal Care Leave and Pay – What You Need to Know

The Employment Law & HR Podcast

In this episode 247 of the podcast I explore the new law concerning neonatal care leave and pay – a new statutory right designed to support parents whose babies require neonatal care after birth. We cover the key points employers, employees and HR professionals need to know, including: What neonatal care leave is and who will be eligible How the statutory leave and pay will work in practice The qualifying conditions for employees The likely impact on employers and pay requirements Practical steps to prepare for the new legislation Whether you’re an employer, HR advisor, or employee...

info_outline
Transfer of Undertakings: Frequently Asked Questions show art Transfer of Undertakings: Frequently Asked Questions

The Employment Law & HR Podcast

In this episode 246 of the podcast I bring you the final episode in this mini series all about TUPE, and today we cover the frequently asked questions (FAQ’s) about all things TUPE. This is episode 5 of a mini series covering the key details you need to know about TUPE. In this episode of the podcast we cover the following questions Can you change employee terms so that they are the same as your existing employees? When can you make changes to employee contracts? Can you make changes to terms if a couple of years have passed? What happens to employee holiday entitlement when they transfer?...

info_outline
Transfer of Undertakings: The duty to inform and consult with employees show art Transfer of Undertakings: The duty to inform and consult with employees

The Employment Law & HR Podcast

The Employers obligation to provide information to employees In this episode 245 of the podcast I bring you the details of the obligations for transferee employers to provide information to the transferor about employees, and the obligations to inform employees and in certain circumstances to consult with employees before they transfer. This is episode 4 of a mini series covering the key details you need to know about TUPE. In this episode of the podcast we cover: The requirement to provide employee liability information for the incoming employer. When you may have to provide employee...

info_outline
Transfer of Undertakings: Automatic Unfair Dismissal show art Transfer of Undertakings: Automatic Unfair Dismissal

The Employment Law & HR Podcast

In this episode 244 of the podcast I bring you the details of the enhanced protection from dismissal that applies to certain employees under TUPE when there is a transfer of their employment. This is episode 3 of a mini series covering the key details you need to know about TUPE. In this episode of the podcast we cover: The additional protection from unfair dismissal as a result of a transfer. When the automatic unfair dismissal right applies. The required length of service to bring a claim for automatic unfair TUPE dismissal. The defence to a claim for automatic unfair dismissal under TUPE....

info_outline
Transfer of Undertakings: Employee Rights under TUPE show art Transfer of Undertakings: Employee Rights under TUPE

The Employment Law & HR Podcast

In this episode 243 of the podcast I bring you a run down of the key employee rights under TUPE when there is a transfer of their employment. This is episode 2 of a mini series covering the key details you need to know about TUPE. In this episode of the podcast we cover: The automatic transfer of employment principle. How to determine which employees fall into the organised grouping that transfer. Employee right to object to the transfer. What happens when an employee objects to the transfer. What happens to employee continuous service on transfer. How to deal with employee terms and...

info_outline
 
More Episodes

This episode 223 of the podcast I bring you an introduction to the law regarding unfair dismissal. This is the first of a mini series that will focus on all of the key aspects of unfair dismissal, including everything you need to know to really get to grips with dismissals and what constitutes a fair dismissal.

It will assist both employers who may be looking at making dismissal decisions and employees who may have been dismissed and are unsure if the decision is fair or not.

In this episode I will cover:

  • The history of unfair dismissal
  • How unfair dismissal started in the early 1970’s
  • What it is and where you will find the law
  • The fundamental difference between Unfair Dismissal and Constructive Unfair Dismissal
  • The qualifying period for unfair dismissal
  • Unfair dismissal claims with no qualifying period of service
  • Claims for Automatic Unfair Dismissal
  • The time limit for claims
  • Circumstances when an employer must provide written reasons for an employees dismissal

Action Points

Whenever you are considering dismissing an employee regardless of their length of service you should ensure that as a minimum you communicate the reason for termination to the employee. Employees have rights for automatic unfair dismissal in certain circumstances regardless of their service length and communicating the reason to them is likely to minimise the risk of drawing the wrong inference as to why.

Helpful Links

Introduction to Constructive Unfair Dismissal: Episode 18 

Focus on Constructive Unfair Dismissal: Episode 21

Employee who did not receive dismissal letter wins unfair dismissal claim

Employment Rights Act 1996 

 

Training for your Team

Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.

Please drop me an email [email protected]

 

Fixed Price Advice from Real Experts


As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – [email protected] or you can find full details here: HR Harbour

Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006

We have a variety of free documents and letters which are available to download here: DIY Documents

We are also on YouTube! You can find a range of topics and also listen to this podcast on YouTube here: YOUTUBE

Zoes Law

Raising awareness of melanoma and skin cancer. You can find more information here: https://www.facebook.com/zoepanayilaw