Cases within C

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  Catherine Haigh Harlequin Hair Design v Seed [1990] IRLR 175 EAT (1 report relating to this case)

  • Written reasons for dismissal: Employee must request written reasons

    Date:

    9 May 1990

    In Catherine Haigh Harlequin Hair Design v Seed the EAT holds that in order for an employee to be able to complain that the written reasons for dismissal given to her by her employer were "inadequate or untrue", those reasons must have been furnished in response to a specific request from the employee in question.

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  Cave v Goodwin [2001] EWCA Civ 391 CA (1 report relating to this case)

  • Disability discrimination: Arrangements relating to disciplinary hearing did not place disabled employee at "substantial" disadvantage

    Date:

    1 May 2001

    In Cave v Goodwin and another, the Court of Appeal confirms that an employer's refusal to allow a friend of an employee with a learning disability to accompany him at a disciplinary hearing did not place him at a "substantial" disadvantage in comparison with non-disabled persons.

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  Cavenagh v William Evans Ltd [2012] IRLR 679 CA (1 report relating to this case)

  • Pay in lieu of notice: discovery of gross misconduct after termination did not absolve employer of debt

    Date:

    29 May 2012

    The Court of Appeal has held that a debt claim for a company's failure to provide pay in lieu of notice to a former employee could not be defended by the discovery after the termination of employment that he committed gross misconduct while in employment. 

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  Cavendish Munro Professional Risks Management Ltd v Geduld [2010] IRLR 38 EAT (1 report relating to this case)

  • Whistleblowing: Disclosure of "information" requires statement of facts

    Date:

    26 January 2010

    In Cavendish Munro Professional Risks Management Ltd v Geduld [2010] IRLR 38 EAT, the EAT held that the employment tribunal erred in deciding that a solicitor's letter amounted to a qualifying disclosure for the purposes of s.43B of the Employment Rights Act 1996. The letter merely stated the employee's position in an ongoing dispute, without alleging any facts.

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  Celtec Ltd v Astley and others [2005] IRLR 647 ECJ (2 reports relating to this case)

  • TUPE case law update

    Date:

    2 February 2007

    This article looks at some of the important judgments in the area of the transfer of undertakings over the past year.

  • Transfer of undertakings: Transfers occur on objectively identified specific dates

    Date:

    15 July 2005

    In Celtec Ltd v Astley and others, the ECJ holds that Article 3(1) of the Business Transfers Directive (77/187/EC) must be interpreted as meaning that the "date of a transfer" is the date on which the employer's responsibility for carrying on the business of the unit transferred moves from the transferor to the transferee. That date is a particular point in time, which cannot be postponed to another date at the will of the transferor or transferee.

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  Celtec Ltd v Astley and others [2006] IRLR 635 HL (1 report relating to this case)

  • Transfer of undertakings: Secondees' employment was automatically transferred

    Date:

    18 August 2006

    In North Wales Training and Enterprise Council Ltd v Astley and others [2006] UKHL 29, the House of Lords holds that despite the intentions of the parties concerned, seconded employees were transferred to the new undertaking on the date when employer responsibility for carrying on the business transferred.

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  Central & North West London NHS Foundation Trust v Abimbola EAT/0542/08 (1 report relating to this case)

  • Unfair dismissal: Employment tribunal erred in ordering reinstatement

    Date:

    13 October 2009

    In Central & North West London NHS Foundation Trust v Abimbola EAT/0542/08, the EAT held that the employment tribunal had wrongly excluded highly relevant factors from its consideration of whether or not it was practicable to order reinstatement following a finding of unfair dismissal.

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  Centrum voor Gelijkheid van Kansen en voor Racismebestrijding v Firma Feryn NV [2008] IRLR 732 ECJ (1 report relating to this case)

  • Centrum voor Gelijkheid van Kansen en voor Racismebestrijding v Firma Feryn NV

    Date:

    17 July 2008

    The European Court of Justice has held that an employer's public statement of a discriminatory recruitment policy is direct discrimination contrary to the Race Directive (2000/43/EC).

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  Cerberus Software Ltd v Rowley [1999] IRLR 690 EAT (1 report relating to this case)

  • Breach of contract: Employer was liable to make payment in lieu of notice without deduction for mitigation

    Date:

    15 September 1999

    A provision of a contract of employment, which entitled the employer to terminate the contract either by giving the employee notice or summarily on paying him in lieu of notice, did not give the employer a third option of giving no notice and making no, or less than full, payment, holds the EAT in Cerberus Software Ltd v Rowley.

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  Cerberus Software Ltd v Rowley [2001] IRLR 160 CA (1 report relating to this case)

  • Pay in lieu of notice: Unpaid pay in lieu of notice was not recoverable as a debt

    Date:

    1 March 2001

    Where a contract of employment provided that "the employer may make a payment in lieu of notice to the employee" and the employer chose to summarily dismiss the employee without cause or pay in lieu of notice, the employee's claim was for damages for wrongful dismissal, subject to his duty to mitigate his loss, and not for a sum due under the contract, holds the Court of Appeal, by a majority, in Cerberus Software Ltd v Rowley.