Case report round-up: Mistaken termination letter taken at face value

XpertHR's latest case reports cover:

Termination of employment: Objective meaning of termination letter to be taken at face value In CF Capital plc v Willoughby [2011] EWCA Civ 1115 CA, the Court of Appeal held that a letter of dismissal was effective notice to terminate the employee's contract, even though it was based on a mistaken understanding that the employee had agreed to the termination. The "special circumstances" exception to the normal operation of such a notice did not apply, so attempts to retract the dismissal did not alter the position. (Employment Review)
Whistleblowing: Correct test for determining if whistleblower subjected to detriment on the ground that he or she made a protected disclosure In Fecitt and others and Public Concern at Work v NHS Manchester [2012] IRLR 64 CA, the Court of Appeal upheld an employment tribunal's decision that the employees' protected disclosures did not materially influence their employer's treatment of them and that therefore the employer had not breached the whistleblowing legislation. It also held that the employer was not vicariously liable for the bullying of the whistleblowers carried out by some of their fellow employees. (Employment Review)

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