Unfair dismissal

Illegal working and dismissal

An employer’s reasonable and genuine belief (albeit mistaken) that an employee was no longer allowed to work in the UK was sufficient to justify his dismissal.
Nayak v Royal Mail
 

Employee should have been told that later warning would be taken into account

Employees must be made aware where something may be a significant issue in a disciplinary decision - and be given the opportunity to make representations on it.
Dr P John-Charles v NHS Business Services Authority
 

No unfairness where different sanctions for employees involved in the same incident

Different sanctions for two employees for offences arising from the same incident did not make the dismissal of one of them unfair.
MBNA Ltd v Jones
 

Employer exacerbating employee’s ill health

If an employer is responsible for an employee’s ill health this is relevant as to whether and when it’s reasonable to dismiss him for that incapacity – and this applies not only when the employer caused the employee’s ill health but also when the employer is responsible for making it worse.
L v M
 

HR advice on discipline should be confined to matters of law and procedure

Although a dismissing or investigating officer is entitled to seek guidance from HR, such advice should be limited to matters of law and procedure and to ensuring that all necessary matters have been addressed and achieve clarity. 
Ramphal v Department of Transport
 

Fair dismissal for derogatory comments made about employer on Facebook

An employee who posted Facebook comments boasting of getting drunk whilst on emergency standby and used offensive language about his managers was fairly dismissed even though the company was not actually named, the employee had eight years’ unblemished service and the comments were made two years before his dismissal.
The British Waterways Board v Smith
 
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