Case report round-up: Employer's intention to reduce sick pay was fundamental breach of contract
The XpertHR's latest case reports cover:
- Constructive dismissal: Employer's intention to reduce sick pay was fundamental breach of contract In Roberts v Governing Body of Whitecross School EAT/0070/12, the Employment Appeal Tribunal (EAT) held that the employer's "settled intention" to reduce the employee's sick pay by half, based on a genuine but mistaken interpretation of a clause in his contract, amounted to a fundamental breach of contract. Accordingly, the employee was entitled to resign and claim constructive dismissal.
- Acas code of practice: Uplift to compensation for failure to follow code not available to workers In Local Government Yorkshire and Humber v Shah EAT/0587/11 & EAT/0026/12, the EAT held that the potential uplift in compensation awarded where an employer unreasonably fails to comply with the "Acas code of practice on disciplinary and grievance procedures" applies only in the case of employees. A worker who was subjected to an unlawful detriment was not entitled to an uplift.
Also
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2013
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2012
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2012
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2012
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2012
