Chapter 9 Unfair Dismissal Flashcards
Give a case example of unfair dismissal - dismissal
Futty v Brekkes (1974)
A fish fillteter was chatting with a driver and told to “if you do not like the job, fuck off”.
Decision
Not dismissal as words within context of environment, meant “get back to work”.
Give a case example of unfair dismissal - abroad
Serco Ltd v Lawson; Botham v MOD; Crofts v Veta Ltd (2006)
Facts
Lawson - employed by English Company, worked abroad;
Botham - civilian worked in Germany, UK for tax purposes;
Crofts - Pilot worked out of Heathrow. Both companies worked for were foreign.
Decision
Could claim unfair dismissal. House of Lords provide guideline:-
1) works in GB
2) travels place to place
3) expatriate - only in certain circumstances, must prove:-
posted by British Employer within an “extra-territorial” British enclave such as Botham and Lawson.
Give a case example of unfair dismissal - potentially fair reason for dismissal - capability/qualification - ill health - “wholly exceptional circumstances” - consultation
Eclipse Blinds v Wright (1992)
Facts
W was off sick. Employer received letter from GP stating she would be unlikely to return to work as she is sicker than she is saying. Employer didn’t want to reveal this so dismissed without consultation.
Decision
Was held to be “wholly exceptional circumstances” to not hold consultation so was not unfair dismissal.
Give a case example of unfair dismissal - criminal conduct - test
British Home Stores v Burchell (1978)
Facts
B was suspected of theft when purchasing goods from the employer.
Decision
EAT found fair as company had:
* honestly believed that B was guilty;
* had reasonable grounds on which to sustain the belief;
* investigated as much as reasonable.
Give a case example of unfair dismissal - reasonable procedure
Polkey v A E Drayton Services Ltd (1987)
Fact
Mr Polkey drove a van for 4 years but was made redundant on the spot.
Decision
Polkey principle.
Even if a Court finds a dismissal to be unfair the compensation may be reduced or even nothing at all if the correct procedure would have made no difference to the outcome, such as in this case, redundancy.
The case itself is a principle.
Give a case example of unfair dismissal - procedural fairness - fair approach to disciplinary hearing
Clark v Civil Aviation Authority (1991)
Fact
A superintendent of typists for Civil Aviation Authority CAA, started up her own travel agency from her office and used CAA number on letterhead. She was summarily dismissed and details handed to the Police. She was not given the chance to explain which made the dismissal unfair, however on appeal she made full representation which changed it to fair.
Decision
Court found dismissal fair.
Give a case example of unfair dismissal - compensatory award - heads of damages
Dunnachie v Kingston-upon-Hull City Council (2005)
Fact
Mr D was harassed by colleague and line manager. He resigned and claimed unfair dismissal.
Decision
Lord Steyn held that the only focus must be on economic loss and not distress.
