Friction, upset, fire and re-hire: Return to work red flags for employers

In this episode, Chris Fisher looks at two cases relevant to employers looking to bring employees back to work. The first is Sinclair v Trackwork, regarding an employee dismissed because of ‘upset and friction’ caused by the way in which he was carrying out his health and safety responsibilities and whether that dismissal was automatically unfair because of the special protections around health and safety dismissals in the Employment Rights Act. And the second is Khatun v Winn Solicitors, a ‘fire and re-hire’ case about when an employer can fairly dismiss an employee who refuses to agree Covid-related changes to their employment contract.