Welcome to a new year and a new edition of Employment Matters. This month, we cover four recent cases that will be of interest to employers, looking at unfair dismissal, the consequences of objecting to a TUPE transfer, dismissing a disabled employee for gross misconduct, and what amounts to a whistleblowing detriment.
To conclude, we engage in some horizon scanning, taking a look at some of the key employment cases on appeal this year, as well as forthcoming legislative developments in employment, pensions, and immigration law for employers to be aware of.
Unfair dismissal: Length of service and alternative sanctions not relevant in SOSR dismissal
In this case, the EAT held that there was no requirement for an employer to consider an employee’s length of service or the possibility of redeployment, when dismissing for ‘some other substantial reason’ where the relationship between the parties had irretrievably broken down.
TUPE: Consequences of employee objecting to the transfer
In this case, the EAT held that where an employee objects to the transfer of their employment under TUPE in circumstances where the transfer would involve a substantial change in their working conditions to their material detriment, but does not exercise their right to treat their employment as terminated, the employee will nonetheless be treated as dismissed by the transferor.
Discrimination: Conduct dismissal of autistic employee was not discrimination arising from disability
In this case, the EAT held that a tribunal had been wrong to decide that an employer was not on constructive notice of the employee’s disability, but had been entitled to conclude that the conduct for which she was dismissed was not something arising in consequence of that disability, and that even if it was, the conduct was so serious that dismissal was justified.
Whistleblowing: Secondment and disciplinary investigation were detriments on the ground of protected disclosures
In this case, the EAT held that an employment tribunal had been wrong to find that seconding an employee to another team, and opening a disciplinary investigation into allegations against him, did not amount to detriments on the ground that the employee had made protected disclosures.
Horizon scanning: What’s in store for employment, pensions, and immigration law in 2025?
2024 was a busy year in employment, pensions, and immigration law, and there are plenty more developments to look forward to in 2025. Here, we take a look at a few of the important employment appeal cases to look out for over the next 12 months, as well as some of the many forthcoming legislative changes that employers should be aware of.
