- August 2, 2017
Redundancy dismissals: fairness should always be judged in the same way
In Green v London Borough of Barking & Dagenham UKEAT/0157/16, the EAT held there should be no modification to the application of section 98(4) of the Employment Rights Act 1996 (ERA 1996), which tests the fairness of the dismissal, in the case of redundancy where existing employees must compete for a reduced number of new … Continue reading Redundancy dismissals: fairness should always be judged in the same way →
- April 6, 2017
When employers must wait “a little longer”: lessons from the Court of Appeal on long-term sickness dismissals
In O’Brien v Bolton St Catherine’s Academy [2017] EWCA Civ 145, the Court of Appeal gave some useful lessons for employers (and employment lawyers) who are considering the thorny area of when it is reasonable and proportionate to dismiss an employee on long-term sickness whose prognosis is uncertain. Background Ms O’Brien, Head of Department at … Continue reading When employers must wait “a little longer”: lessons from the Court of Appeal on long-term sickness dismissals →