Tag: unfair dismissal

Showing 60 out of 153 results

12 December 2017

UK: over-thorough investigation did not render dismissal unfair

In NHS 24 v Pillar, the EAT has ruled that an over-thorough investigation will not of itself render a dismissal unfair.  It is for the …

08 September 2017

France: The Loi Travail - Briefing 1

This is the first of our detailed briefings in relation to the Macron labour law reforms and will cover the subject of caps on tribunal damages. …

04 August 2017

UK: Compensation awards could increase following change in calculation of a week's pay

The EAT in University of Sunderland v Drossou has decided that, contrary to previous practice, employer pension contributions should be included in the …

31 July 2017

Hong Kong: Legislative Council to consider reinstatement remedy for unfair dismissal claims

On 25 April 2017, the Employment (Amendment) Bill 2017 was introduced for first reading in the Legislative Council. This Bill follows a similar Bill …

14 June 2017

UK: Unfair dismissal - poor attitude towards organisational change could justify gross misconduct dismissal

The Court of Appeal has upheld a tribunal ruling that deliberate resistance by a manager asked to implement organisational change was gross misconduct. …

14 June 2017

UK: Redundancy - EAT rules on approach to suitable alternatives

Employers considering withholding a statutory redundancy payment, on the ground that they have offered a suitable alternative job which has been refused, …

26 April 2017

Asia: The Role of Unions

Unions are becoming increasingly prevalent across Asia. Here we take a look at which aspects of the employment relationship unions may be involved in …

03 April 2017

UK: April 2017 changes - apprenticeship levy, tribunal compensation limits, national minimum wage, statutory benefits and immigration skills charge

From 6 April 2017 UK employers with an annual pay bill of or over £3 million will be required to pay an apprenticeship levy at a rate equivalent to 0.5% …

03 April 2017

UK: Dismissal for long-term sickness - new medical evidence at internal appeal

Employers should ensure they investigate any evidence that a long-term sick employee may soon be able to return to work before deciding to dismiss, even …

28 February 2017

Hong Kong: Damages for injury to feelings and exemplary damages

As a general rule, employees bringing a claim for damages against their employer will need to demonstrate that they have suffered financial loss as a …

17 February 2017

UK: Relocation on redundancy - mobility clause dismissal will be unfair if clause is too wide or operated unreasonably

The recent case of Kellogg Brown & Root v Fitton and Ewer serves as a reminder to employers relocating jobs on a redundancy: if they choose to …

25 January 2017

Malaysia: Limit of liability for fixed-term contracts

In the case of Malayan Banking Berhad v Mahkamah Perusahaan Malaysia & Anor [2016] MLRHU 1, the High Court in Malaysia ruled that, in an action for …