Workplace Report September 2010

Law - Dismissal

Dismissal law — the key developments

• Substantial delay in conducting disciplinary action can in itself make a dismissal unfair if there is no good reason for it, even if it has not caused the claimant any prejudice (case 1).

• Where the consequences for an employee accused of misconduct are potential criminal charges and deportation, it is particularly important for the employer to carry out a careful investigation (case 2).

• In a case where a long-employed teacher is unfairly dismissed one year before her proposed retirement age, the “substantial approach” rather than the “simplified approach” in the Employment Judges’ pension rights guidelines is likely to be the more appropriate (case 3).

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).