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Case notes: latest law reports

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

  • 'Without prejudice' letter satisfied step one of grievance procedure   In Arnold Clark Automobiles Ltd v Stewart and another EATS/0052/05, the Employment Appeal Tribunal held that a letter from an employee's solicitor to an employer seeking financial compensation satisfied step one of the statutory standard grievance procedure, even when it was marked as being 'without prejudice'. (Personnel Today)

  • Tribunal did not consider whether letter sent out absent-mindedly   In Dawes v Lidl Ltd EAT/0583/05, the Employment Appeal Tribunal held that an employment tribunal had failed to consider whether an employee had 'absent-mindedly' sent out a letter, something that he had been specifically prohibited from doing. (Personnel Today)

  • Compensation for whistleblower’s detriment to date of dismissal   In Melia v Magna Kansei Ltd [2006] IRLR 117 CA, the Court of Appeal held that an employee who was subjected to a detriment for making a protected disclosure, and who subsequently resigned in circumstances amounting to constructive dismissal, was entitled to compensation for the detriment up to the point of the dismissal. (IRS Employment Review)

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