Latest case reports added to HR & Compliance Centre
We provide a round-up of case reports added to HR & Compliance Centre this week, covering: gross misconduct; collective agreements; redundancy consultation; unfair dismissal compensation; harassment; and redundancy dismissal.
- Offences listed as gross misconduct in disciplinary procedure not always fair reasons for dismissal In Sandwell & West Birmingham Hospitals NHS Trust v Westwood EAT/0032/09, the Employment Appeal Tribunal held that just because an offence is listed as gross misconduct in an employer's disciplinary procedure does not automatically mean that it is fair summarily to dismiss an employee who has committed that offence. (Employers' Law)
- Collective agreement terms not incorporated In Malone and others v British Airways plc [2010] EWHC 302 HC, the High Court held that provisions regarding minimum crew complements, contained in collective agreements, were not legally incorporated into employees’ contracts of employment, and those employees could not rely on them. (Employers' Law)
- Redundancy consultation: "special circumstances" defence considered In Shanahan Engineering v Unite the union EAT/0411/09, the Employment Appeal Tribunal held that, even where "special circumstances" existed in a collective redundancy situation, the employer was not totally relieved from its obligations to consult with the affected employees. However, the EAT allowed part of the appeal by remitting the matter of the protective award back to the tribunal. (Employers' Law)
- Impact of claimant's new employment on unfair dismissal compensation In Miller v Bellway Homes Ltd EAT/0309/09 & EAT/0436/09, the Employment Appeal Tribunal held that the employment tribunal had failed to consider whether or not new employment secured by the claimant was coming to an end in any event, when awarding compensation for unfair dismissal. (Employers' Law)
- Employee awarded damages under Protection from Harassment Act In Rayment v Ministry of Defence [2010] EWHC 218 HC, the High Court awarded damages for injury and distress under the Protection from Harassment Act 1997. (Employers' Law)
- Approach in redundancy unfair dismissal claims In Bradford & Bingley plc v McCarthy EAT/0458/09, the Employment Appeal Tribunal considered the approach that employment tribunals should take when deciding whether or not an employee has been unfairly dismissed by reason of redundancy. (Employers' Law)
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