Employment Matters - September 2020

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Employment Matters - September 2020

Published 10 September 2020

DAC Beachcroft's Employment Matter focuses on some of the most interesting cases and events occurring with the Employment Law sector.

1. Unfair Dismissal: It was not unfair to dismiss an employee without following any procedure after a breakdown in working relationships

The Scottish EAT has upheld an ET’s finding that an employee was not unfairly dismissed following a breakdown in working relationships, even though no procedure was followed, in circumstances where a procedure would have served no useful purpose.

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2. Unfair Dismissal: Lack of confidence in capability relevant to practicability of re-engagement

The EAT has held that an employer’s concerns about an employee’s capability and integrity made re-engagement impracticable.

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3. Unfair Dismissal: Unfair dismissal claim could proceed even though the claimant had no chance of a monetary award

The EAT has held that an unfair dismissal claim should proceed where there were arguments of procedural unfairness, even though there was no real chance that the claimant would be awarded any damages.

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4. Unfair Dismissal and Disability Discrimination: The importance of considering mitigating factors and following policies

In an unusual case the EAT has held that relying on a zero tolerance policy to dismiss an employee, without taking mitigating factors into account, may result in unfair dismissal and/or discrimination.

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Authors

Zoë Wigan

Zoë Wigan

London - Walbrook

+44 (0)20 7894 6564

Ceri Fuller

Ceri Fuller

London - Walbrook

+44 (0)20 7894 6583

Hilary Larter

Hilary Larter

Leeds

+44 (0)113 251 4710

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