Dismissal law - the key developments

• The test of the fairness of a conduct dismissal is whether the employer believes in the employee’s guilt on reasonable grounds following a reasonable investigation; it is not for the tribunal to substitute its own views for that of the employer (case 1).

• By virtue of Article 6 of the European Convention on Human Rights, a worker may be entitled to legal representation at an internal disciplinary hearing where the charge is so serious that it can have an adverse impact on the remainder of his career (case 2).

• Where the facts are such that a finding of contributory fault might be appropriate in an unfair dismissal case, the tribunal must consider the matter even if the parties do not raise it (case 3).

• A tribunal is entitled to award compensation for ongoing loss of a final salary pension scheme, beyond the period of its award for loss of earnings if the claimant has obtained a new job (case 4).