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).


This information is copyright to the Labour Research Department (LRD) and may not be reproduced without the permission of the LRD.