Dismissal

Dismissal - fighting at work

A member was dismissed for gross misconduct following an incident at a works outing. The member had an altercation with another member of staff. Our solicitors were asked to advise on the prospects of winning an unfair dismissal claim at an Employment Tribunal.

Constructive dismissal, staff reports

A PCS member lodged a complaint of stress,bullying and harassment against a manager. She applied for other external positions, and secured a conditional offer. This was subject to the new employer seeing copies of sickness records and previous staff reports. Having contacted the previous employer, the new employer stated they they could no longer offer her a position. 

Advice was sought on the reasonable prospects of success should the member resign and claim constructive dismissal in the Employment Tribunal.

Constructive dismissal, sex discrimination

A PCS member lodged a complaint about alleged bullying and harassment by a team leader. The complaint was investigated but was not upheld. The member believed the complaint had not been investigated properly and she resigned. 

Advice was sought on the merits and prospects of pursuing sex discrimination and constructive dismissal complaints.

Constructive dismissal, bullying and harassment

PCS member contended that between November 2002 and January she had suffered from a series of acts of harassment, and resigned. She subsequently made an application to be reinstated to her former position, which was refused. 

The PCS Bargaining Unit sought advice on constructive dismissal as a result of bullying/harassment.

Dismissal, fair and open competition

A PCS member was employed as a casual in 1997. His contract was extended twice and in 1999 he was given a permanent contract. He was then temporarily promoted (TP) and this arrangement continued until later in 2004 when his TP was reverted. 

The member submitted a grievance about his TP. This lead to an investigation and the members dismissal - on the grounds that his original appointment was not the result of a 'fair and open competition'. Thompsons were asked if there was any legal redress for the member. 

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