News

HR consultants not liable as agents for employer’s decision to dismiss (EAT)

In a recent decision, the Employment Appeal Tribunal (EAT) clarified the role of externally appointed HR consultants in employment-related procedures. The tribunal initially decided that it was not arguable that two HR consultants, one appointed to investigate grievances and the other to conduct a disciplinary hearing, were acting as the employer’s agents during these functions. … Read more

Teachers in England set to receive a 4% pay award from September

Teachers in England will receive a 4% pay rise from September, after the Education Secretary accepted in full the recommendations of the independent School Teachers’ Review Body (STRB) for the 2025/26 academic year. This marks a significant step towards the government’s goal of recruiting 6,500 additional teachers by the end of this Parliament. The STRB’s … Read more

Salford Primary Teacher awarded £370,000 after unfair dismissal for trade union activities and disability discrimination

Case Overview: The tribunal case involved the claimant, C Wood-Hope, against the respondents, Salford City Council and the Governors of Friars Primary School. The hearings were held in Manchester on various dates in February, August, and September 2023. Key Findings: Background: The claimant, a teacher at Friars Primary School, presented complaints of unfair dismissal, trade … Read more

EAT gives guidance on test for Worker status (EAT)

Employment tribunals must carefully distinguish between the legal tests for Worker status and Employee status. The Employment Appeal Tribunal (EAT) has ruled that a tribunal erred in several respects when determining whether an individual, previously found not to be an Employee, was a Worker. In this case, the Claimant, a dentist, had sold his dental … Read more

Genuine but mistaken belief in resignation may be SOSR dismissal (EAT)

When an employer dismisses an employee, they must establish a fair reason for dismissal under section 98 of the Employment Rights Act 1996. One such reason is “some other substantial reason” (SOSR). The EAT has ruled that an employer’s genuine but mistaken belief that an employee had resigned can, in certain circumstances, amount to an … Read more