Tag

#probationary-dismissal

7 cases tagged Probationary Dismissal.

Respondent won · Nov 2023

Probationary dismissal of electrical engineer: discrimination claims rejected

An electrical engineer dismissed during his probationary period for poor performance and a safety incident failed to prove race, age or disability discrimination. The tribunal upheld the employer's decision.

probationary-dismissalrace-discriminationage-discrimination
Respondent won · Nov 2023

Protected disclosure claim fails: probationary dismissal for capability upheld

A regional manager dismissed during her probationary period for capability reasons lost her claim that she was automatically unfairly dismissed for whistleblowing. The tribunal found her protected disclosure played no part in the decision.

protected-disclosurerace-discriminationvictimisation
Respondent won · Jul 2023

Dismissed for sending a critical email: automatic unfairness claim fails

An executive assistant with only three months' service was dismissed after accidentally sending an email calling her boss a 'very difficult boss'. The tribunal found the dismissal was for conduct, not for asserting statutory rights, and rejected her claim for automatically unfair dismissal.

short-serviceprobationary-dismissalwritten-particulars
Respondent won · Apr 2023

Warehouse operative dismissed for failing to report injury: disability discrimination claims rejected

A tribunal rejected disability discrimination claims from a warehouse operative with a shoulder deformity who was dismissed for breaching health and safety rules by not reporting an injury. The employer's actions were found to be proportionate and not discriminatory.

disability-discriminationreasonable-adjustmentsindirect-discrimination
Respondent won · Feb 2023

Night worker dismissed during probation for failing to carry out patrols: claims of whistleblowing and disability discrimination rejected

A night worker with four months' service was dismissed for gross misconduct after failing to carry out mandatory building patrols. The tribunal rejected his claims of automatic unfair dismissal, disability discrimination, and victimisation.

night-workerprobationary-dismissalprotected-disclosure
Respondent won · Sept 2022

Whistleblowing claim by short-serving design manager fails: late payment concerns were opinions, not disclosures

A senior design manager dismissed during his probation for poor communication was not whistleblowing, the tribunal ruled. His concerns about late payment of invoices were opinions, not protected disclosures.

protected-disclosureprobationary-dismissalcommunication-style
Claimant won £16,718 · Nov 2019

Sales assistant dismissed after complaining about 14-day working: automatic unfair dismissal

A sales assistant who was dismissed during her probation after complaining about working 14 consecutive days has won her unfair dismissal claim. The Employment Appeal Tribunal found the real reason was her assertion of a statutory right under the Working Time Regulations.

working-time-regulationssection-104protected-disclosure