Employment law cases

All items: Employment disputes

  • Collective redundancies: Tribunal's discretion in making protective awards

    Date:
    1 November 2006

    In Leicestershire County Council v Unison [2006] IRLR 810 CA, the Court of Appeal holds that a tribunal was entitled to make the maximum protective award in respect of a group of employees who had been dismissed and offered new terms without consultation with the relevant unions.

  • Brunel University and another v Vaseghi and another

    Date:
    23 October 2006

    In Brunel University and another v Vaseghi and another EAT/0307/06, the Employment Appeal Tribunal (EAT) has held that the need to get to the truth in discrimination cases can override the rule that prevents settlement discussions between parties' representatives from being admissible as evidence.

  • Sex discrimination: No compensation for loss of severance package

    Date:
    6 October 2006

    In Brash-Hall v Getty Images Ltd [2006] EWCA Civ 531 CA, the Court of Appeal holds that an employee dismissed in circumstances that amounted to sex discrimination, but who would have subsequently been dismissed for redundancy in any event, was not entitled to recover compensation reflecting an enhanced redundancy package.

  • Conciliation agreements: Validity of Acas-conciliated agreements upheld

    Date:
    4 August 2006

    In Clarke and others v Redcar and Cleveland Borough Council; Wilson and others v Stockton-on-Tees Borough Council [2006] IRLR 324 EAT, the Employment Appeal Tribunal holds that there is no duty on an Acas conciliation officer to advise on the merits of a claim before the employee enters into a binding settlement via a COT3 agreement.

  • Points of procedure

    Date:
    4 August 2006

    IRS Employment Review looks at decisions on procedural points that have arisen in the EAT and Court of Appeal in the time since its last procedural round-up in December 2005.

  • Case round-up: Withdrawal of tribunal claims

    This week's case round-up from Eversheds, covering withdrawal of tribunal claims.

  • Case round-up: Constructive dismissal compensation and injury to feelings award

    This week's case round-up from Eversheds, covering: constructive dismissal compensation; and injury to feelings awards.

  • Employment status: Teacher who worked on succession of short-term assignments was employee

    Date:
    2 June 2006

    In Cornwall County Council v Prater [2006] EWCA Civ 102 CA, the Court of Appeal holds that a lack of mutuality of obligation during "gaps" between successive teaching assignments over a period of 10 years did not, of itself, prevent each separate assignment from constituting an individual contract of employment.

  • CMC Group plc v Zhang

    Date:
    8 May 2006

    In CMC Group plc v Zhang [2006] All ER (D) 197 (Mar) CA, the Court of Appeal has held that a clause in a compromise agreement allowing an employer to reclaim the full amount paid if the other party broke any of its terms was not valid.

  • Polkey's place in the modern world

    The Court of Appeal has handed down an important decision emphasising the wide discretion that an employment tribunal has to make a 'Polkey reduction' - a ruling that dismissal would have occurred, or would probably have occurred even if a fair procedure or proper investigation had been followed - in an unfair dismissal case.

About this category

Employment law cases: HR and legal information and guidance relating to employment disputes.