Workplace Report December 2010

Law - Dismissal

Dismissal law — the key developments

• When assessing unfair dismissal compensation, the employer’s ability to pay is irrelevant to the award size (Case 1).

• School holidays can count towards a year’s service (Case 2).

• Tribunals take a very restrictive approach when deciding whether it was reasonably practicable to bring a claim in time, especially when a claimant has sought legal advice (Case 3).

• Rejecting an offer of new employment by the old employer is not always a breach of the duty to mitigate losses resulting from a dismissal (Case 4).

Case details are available at www.employmentappeals.gov.uk (EAT) and www.bailii.org (Court of Appeal). Call 020 8686 9141 for details of the journal Industrial Relations Law Reports (IRLR).