Correctly Identifying the Reason for Dismissal, Trinity Employment Barrister, James McHugh скачать в хорошем качестве

Correctly Identifying the Reason for Dismissal, Trinity Employment Barrister, James McHugh

At Chambers' recent Employment Law Conference, Trinity’s James McHugh delivered a session entitled: ‘Give me one good reason: Correctly identifying the reason for dismissal’ The usual starting point in most unfair dismissal claims is identifying the reason relied upon by the employer for dismissing the employee. A dismissal can only be fair if it falls within one of the specific categories set out within ss.98(1) & (2) Employment Rights Act 1996. Despite the fact that identifying the appropriate reason for dismissal is a crucial matter when dealing with unfair dismissal claims, it is a matter that both practitioners and Tribunals often approach incorrectly. By reference to extensive case law, James’ talk aims address some of the common areas where mistakes are made in relation to properly defining the reason for dismissal, with a particular focus on Conduct, Capability and Some Other Substantial Reason (SOSR) dismissals. Relevant case law covered in the talk includes: Abernethey v Mott, Hay and Anderson [1974] Post Office Counters v Heavey [1989] Murphy v Epsom [1983] Babar Indian Restaurant v Rawat [1985] Klusova v London Borough of Hounslow [2007] Bouchaala v Trust House Forte Hotels Ltd [1980] Ely v YKK Fasteners Ltd [1993] Treganowan v Robert Knee & Co Ltd [1975] Gorfin v Distressed Gentlefolk’s Aid Association [1973] Perkin v St George’s Healthcare NHS Trust [2005] Leach v OFCOM [2012] Perkin v St George’s Healthcare NHS Trust [2005] Hewston v OFSTED [2025] Granger v Scottish Fire & Rescue Service [2025] There is a handout that accompanies the session. If you do not have a copy and would like one, please email lisa@trinitychambers.co.uk. This recorded seminar and its accompanying notes are made available for educational and information purposes only. The views expressed in it are those of the speaker. The contents do not constitute legal advice and should not be relied on as such. The speaker and Trinity Chambers accept no responsibility for the continuing accuracy of the contents. Contact Trinity Chambers if you have a specific legal query. #EmploymentLaw #Employment #Conduct #Capability #Dismissals #CaseLaw #EmploymentTribunal #UnfairDismissal #EmploymentRights #CPD #Solicitors #Barristers #Lawyers #TrinityChambers