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Case notes: latest law reports

Summaries of case law reports added to XpertHR in the past week.

  • Bullying and harassment resulted in constructive dismissal   In Blackburn with Darwen Borough Council v Stanley EAT/0429/04, the Employment Appeal Tribunal held that an employer’s failure to prevent or investigate bullying and harassment resulted in a breach of mutual trust and confidence, entitling an employee to claim constructive dismissal. (Personnel Today)
  • Parental leave must be taken in one week blocks   In Rodway v New Southern Railways Ltd (formerly South Central Trains Ltd) 18 April 2005 CA, the Court of Appeal confirmed that the minimum amount of parental leave that an employee is entitled to take under the default parental leave provisions is one week. (Personnel Today)
  • Guidelines in stress at work cases reiterated   In Hartman v South Essex Mental Health & Community Care NHS Trust [2005] EWCA Civ 6 CA, the Court of Appeal held that, in every stress at work case, the test is whether the psychiatric injury to the particular employee was reasonably foreseeable in light of what the employer knew or ought to have known.