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Unfair and Wrongful Dismissal

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Employment

Unfair and Wrongful Dismissal

Our employment team has significant experience of unfair and wrongful dismissal cases. We regularly appear for employers and employees in employment tribunals, at the Employment Appeals Tribunal (EAT) as well as in the civil courts (where breach of contract claims are involved).

Members of our Employment group offer particular expertise in the following areas:

  • Constructive dismissal;
  • “Automatically unfair” dismissal cases, involving whistleblowing and maternity;
  • Wrongful dismissal and claims for notice pay;
  • Interim relief applications to continue contracts of employment;
  • Significant loss claims at remedy stage, including instances where damages are uncapped;
  • Claims, including protective awards, arising from irregularities in the redundancy process;
  • Cases involving alleged misconduct.

Here are some examples of recent unfair dismissal cases:

  • Fahim Afzal v Domino’s Pizza [2018] ICR 1652 Susan Chan acted for the Claimant who successfully appealed to the EAT overturning the tribunal’s decision that his dismissal was fair. His dismissing employer had failed to give him a right of appeal when it dismissed him because it believed that he had not renewed his immigration leave. In fact, he had applied to renew, which he could have proved on an internal appeal. On remittal to the tribunal, he was found to have been unfairly dismissed and received compensatory damages. 
  • Thanki v Asda Stores Limited (2018) Nicholas Bidnell-Edwards for Claimant. The Respondent required the Claimant, who was disabled due to hypertension and depression, to attend his workplace on a weekly basis as a form of keeping in touch. The Respondent argued they did not know the Claimant was disabled, and maintained that the practice of requiring him to attend his workplace was simply a part of their policy. The Claimant established that the Respondent should reasonably have known that the Claimant was disabled and that imposing the ‘keeping in touch policy’ breached the implied term of trust and confidence.  The Claimant succeeded in his claims of Constructive Unfair Dismissal and Wrongful Dismissal. 
  • Witts v Wyre Forest School [2017] 3 WLUK 309 Susan Chan acted for the Claimant teaching assistant in his successful appeal to the EAT, following his dismissal for gross misconduct. His appeal against the tribunal’s decision finding that he had been fairly dismissed, was allowed by the EAT, on the grounds that the tribunal had failed to take account that the claimant had acted in self-defence when he defended himself from attack by an autistic pupil, causing the pupil to fall to the ground. 
  • Whitfield & Whitfield v Kennett & Lindsell (2019) Iris Ferber acted for the Respondent in constructive unfair dismissal claims brought by a managing director and his wife against the company's owner, having previously been their lifelong friend.  The arguments involved issues of alleged dishonesty, contributory fault, and Polkey reductions.  The judge held that the Claimants had been constructively dismissed but compensation was reduced to nil for the managing director and almost to nil in his wife's case. 

    

Unfair and wrongful dismissal Barristers

News & events

2019 Annual Employment Lecture: What if ... your boss was an algorithm?

42 Bedford Row invites you to their 2019 Annual Employment Lecture on Thursday 3rd October 2019 at 18.00pm: Followed by a drinks reception where you will get the opportunity to meet the speakers and members from our employment team. 42 Bedford Row are delighted to announce that Professor Jeremias Adams-Prassl will deliver our 2019 Annual Lecture.

10th September 2019 Read more

L v Q Ltd [2019] EWCA Civ 1417

Safia Tharoo acted for Q Ltd in this case The Court of Appeal (Bean LJ and Rose LJ) has handed down its judgment in the case of L v Q Ltd, which was heard at short notice in light of the importance of the issues involved.

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McNeil v HMRC [2019] EWCA Civ 112

McNeil v HMRC [2019] EWCA Civ 112 answers the question of whether a tribunal should approach “particular disadvantage” in equal pay and indirect discrimination cases by reference to averages or differential distribution? Differential what?! Rad Kohanzad provides a summary on McNeil v HMRC [2019] EWCA Civ 112

4th July 2019 Read more

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23rd August 2018 Read more

Employment Newsletter

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29th January 2018 Read more

Stefan Liberadzki represents Employment Tribunal claimant who successfully establishes “employee” status for claim under the Equality Act

In EP v The Gym Ltd, the Claimant (referred to here as ‘EP’) was engaged by a nationwide chain of low-cost 24-hour gyms as a “freelance personal trainer”. His claim for disability discrimination arises from the Respondent’s termination of his contract on the grounds of absence from work, which he says was caused by a medical condition amounting to a disability.

4th January 2018 Read more

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25th October 2017 Read more

2017 Annual Employment Lecture: The Common Law Constitution At Work

42 Bedford Row invite you to their 2017 Annual Lecture on Thursday 28th September 2017 at 18.00pm: Followed by a drinks reception where you will get the opportunity to meet the speakers and members from our employment team. 42 Bedford Row are delighted to announce that Professor Alan Bogg will deliver our 2017 Annual Lecture.

11th September 2017 Read more

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21st August 2017 Read more

Tiffin v Chief Constable of Surrey

Reading ET handed down Judgment yesterday in the much publicised case of Tiffin v Chief Constable of Surrey dismissing all claims. Ben Uduje acted for the Chief Constable. Overweight policewoman quits the force ‘after being pressured to pass a bleep test’

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Nicholas Bidnell-Edwards proved that an NHS Bank Healthcare Assistant working on a zero hours’ contract had been an employee though she had no obligation to accept work offered to her

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Chambers is proud to announce that 3 February 2017 saw the second annual 42 Bedford Row Disability Law Essay Prize take place at the University of Oxford

This year’s question concerned employment law and challenged students to think about how the law should be framed so as to ensure that persons with disabilities receive equal remuneration for work of equal value. Students and attendees were given the opportunity to question a panel consisting of Lord Justice Bean, Professor Alan Bogg of Oxford

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Jude Shepherd delivers a webinar in partnership with Masterclass Training

Jude Shepherd delivers a webinar in partnership with Masterclass Training, looking at the causes of the gender pay gap and the steps being taken to close the gap by introducing mandatory gender pay gap reporting. The new Regulations have a target introduction date of 1 October 2016. Listen to the recording of the webinar to

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Unison (no 2) v Lord Chancellor and EHRC

This week Susan Chan of 42BR has appeared for the Lord Chancellor in the second judicial review challenge to the employment tribunal fees system brought by the union Unison. A year ago Susan successfully defended the tribunal fees scheme against Unison’s first challenge, which was backed by the Equality and Human Rights Commission (EHRC).

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Haq -v- Audit Commission – Judgment

In a new equal pay decision Haq v Audit Commission the Court of Appeal upholds the Respondent’s “genuine material factor” defence based on a form of “pay protection ”. The policy entailed that on reorganisation, employees kept the higher pay level of their old jobs where the new and old jobs were in the same

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