Workplace Report (November 2009)

Law - Dismissal

Dismissal - the key developments

• When deciding whether to order reinstatement for a successful claimant in an unfair dismissal case, the tribunal should take into account whether there has been a loss of trust and confidence which would make it impractical to go back to the job (case 1).

• If obtaining a new job after dismissal ends the first employer’s responsibility for loss of earnings caused by the original dismissal, this applies to pension loss as much as to other losses (case 2).

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).


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