Case report round-up: Guidance on pay in lieu of notice clauses
XpertHR's latest case reports cover:
- Guidance on pay in lieu of notice clauses In Geys v Societe Generale, London Branch [2010] EWHC 648 HC, the High Court provided guidance on how to dismiss an employee summarily under a payment in lieu of notice clause. (Employers' Law)
- No TUPE service provision change on client moving work to new law firm In Ward Hadaway Solicitors v Love and others EAT/0471/09, the EAT upheld an employment tribunal decision that there was no service provision change under the Transfer of Undertakings (Protection of Employment) Regulations 2006 when a client moved its work from one law firm to another. (Employers' Law)
- Constructive dismissal claim failed because of employee's actions on resignation In Aberdeen City Council v McNeill [2010] IRLR 374 EAT, the EAT held that the employee was not entitled to terminate his employment contract by reason of his employer’s conduct because the employee was himself in breach of the implied term of trust and confidence at the time of his resignation. (Employers' Law)
- Sharon Shoesmith's judicial review fails In R (on the application of Shoesmith) v Ofsted and others [2010] EWHC 852 HC, the High Court dismissed a judicial review application by Sharon Shoesmith (the former director of children’s services at Haringey Council) against Ofsted, Haringey and the Secretary of State for Children, Schools and Families in relation to her dismissal. (Employers' Law)
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