Tag

#misconduct-dismissal

6 cases tagged Misconduct Dismissal.

Respondent won · Nov 2023

Teaching assistant dismissed for using prohibited restraint technique: tribunal upholds decision

A teaching assistant who pulled a young person's hood and took them to the floor in a ground hold was fairly dismissed for misconduct, the tribunal has ruled. The claim for race discrimination also failed.

teaching-assistantteam-teach-trainingphysical-restraint
Claim dismissed · Jul 2023

Firefighter's unfair dismissal and race claims struck out as too late

A firefighter who waited over a year to bring unfair dismissal and race discrimination claims after his misconduct dismissal had his case struck out by the tribunal as out of time.

race-discriminationunfair-dismissalout-of-time
Partial win £428 · May 2023

Apprentice ground worker wrongfully dismissed but damages limited by redundancy

An apprentice ground worker with 9 months' service was wrongfully dismissed for misconduct, but the tribunal limited his damages to 10 days' pay because he would have been made redundant within weeks.

common-law-apprenticeshipbreach-of-contractredundancy
Respondent won · May 2023

Border Force officer dismissed for failing to disclose previous dismissal: employer's decision upheld

A former Border Force officer who failed to disclose a previous gross misconduct dismissal on his application was fairly dismissed. The tribunal found the employer's investigation and decision were within the band of reasonable responses.

failure-to-discloseprevious-dismissalemployment-gap
Claim dismissed · May 2023

HGV driver dismissed for misconduct: no jurisdiction because service under two years

An HGV driver with just over a year's service was dismissed for misconduct. The tribunal struck out his unfair dismissal claim because he lacked the required two years' continuous service and could not identify any statutory exception.

unfair-dismissaljurisdictioninsufficient-service
Claim dismissed · Oct 2022

Seasonal chauffeur with 17 years' service loses unfair dismissal claim over broken continuity

A chauffeur who worked for the Dubai Royal Family for 17 years under fixed-term contracts was unable to claim unfair dismissal because gaps between seasons broke his continuous service. The tribunal found the 2019 gap was due to resignation, not a temporary cessation of work.

seasonal-workerfixed-term-contractscontinuous-employment