Dismissal

Question 1

the reason for dismissal must be valid, if not the employee is eligable to bring a claim for unfair dismissal as long as the claim is brought within 3 months

Answer 1

s94 ERA 1996

Question 2

conduct is a potentially valid reason and would extend to the making of a derogatory comment to a customer

Answer 2

s98 ERA 1996

Question 3

conduct as a fair reason - stealing

Answer 3

Sainsburys v Hitt

Question 4

conduct as a fair reason - “appalling” attendance record

Answer 4

Co-Op v Tipton

Question 5

it was held that the tribunal will consider whether the employer genuinely believed the employee was guilty, had reasonable grounds for that belief and carried out reasonable investigation into the matter

Answer 5

BHS v Burchell

Question 6

in addition to there being a fair reason for dismissal, the employer must also only take action that a reasonable employer would make

Answer 6

s98 ERA 1996

Question 7

the the employees dismissal fell within a band of reasonable responses it is likely fair, if not, it is likely unfair - the tribunal must also not consider what it would have done in the circumstances

Answer 7

HSBC Bank v Madden

Question 8

the ACAS code of practice should ideally be followed in any disciplinary action as reinforced in this statute

Answer 8

s13 ERA 1996

Question 9

any award obtained against the company for unfair dismissal may be increased by up to 25% due to failure to follow the code

Answer 9

Polkey v AE Dayton Services Ltd

Question 10

5 fair reasons for dismissal:

• conduct
• capability/performance
• redundancy
• statutory illegality
• some other substantial reason (SOSR)

Answer 10

s98(2) ERA 1996

Question 11

the “range of reasonable responses test” will be utilised and any tribunal must be satisfied that the actions taken by the employer fall within the range of those expected from a reasonable employer

Answer 11

Iceland Foods v Jones

Question 12

Ignorance of key information that may be a mitigating factor does not render the dismissal unfair so long as the information could not have reasonably been obtained through an appropriate disciplinary procedure

Answer 12

Orr v Milton Keynes Council

Question 13

when conducting the investigation the employer must not have a biased view in seeking only information that confirms their suspicions and must also look for evidence that supports the employees position

Answer 13

Salford Royal NHS Trust v Roldan

Question 14

failure to show a full investigation would not amount to unreasonable action on the employers part if it can be shown that a reasonable employer would have acted in the same way in those circumstances

Answer 14

Sainsburys v Hitt

Question 15

an ET may increase or decrease an award made to an employee depending on whether the employer has followed the code

Answer 15

s207a Trade Union and Labour Relations (Consolidation) Act 1992

Question 16

where a tribunal finds the correct procedure would have made no difference to the outcome, the dismissal will still be considered unfair, however, the award can be reduced to nil if appropriate

Answer 16

Polkey v AE Dayton Services

Question 17

right to unpaid time off for an emergency involving a dependent

Answer 17

s57a ERA 1996

Question 18

a right not to be subjected to a detriment for taking unpaid leave for an emergency

Answer 18

s47c ERA 1996

Question 19

verbal warning seen as a detriment as it was issued despite legal right to take leave

Answer 19

RBS v Harrison

Question 20

multiple incidents cumulatively could give rise to resignation if the employee can no longer continue in her role, leading to a potential claim for wrongful dismissal

Answer 20

Western Excavating v Sharp

Question 21

if successful in a claim for wrongful dismissal, the employee would be entitled to compensation that would reflect the test for damages for a breach of contract and would put them in the position they would have been in but for the breach of contract

Answer 21

Hadley v Baxendale

Question 22

there would be no recovery for injury to feelings or psychiatric injury associated with the dismissal

Answer 22

Johnson v Unisys

Question 23

the employee has a duty to mitigate their losses by taking active but reasonable steps to seek alternative employment

Answer 23

Yelton v Eastwoods Froy

Question 24

requirements for a claim for constructive dismissal

Answer 24

s98 ERA 1996