Claire Thomas is managing associate, and Chris McAvoy, Joelle Parkinson, David Rintoul, and Gerri Hurst associates at Addleshaw Goddard LLP. They round up the latest rulings.
This unusual breach of contract case involving pilots who sought to be repaid loans that they made to an airline provides a useful reminder for employers of the definition of redundancy.
This week's case of the week, provided by DLA Piper, considers whether or not a non-dismissal term can be implied into a contract of employment where the employee is entitled to permanent health insurance (PHI).
The employment tribunal held that the claimant was unfairly dismissed for comments on Facebook about his workplace, although his compensation was reduced by 50%.
The employment tribunal held that the claimant was fairly dismissed after making threats on Facebook to a colleague who had reported him to the employer for his frequent references to his workplace as "Dante's Inferno".
The Court of Appeal has held that an employer's decision to start a second set of disciplinary proceedings after an employee has already been disciplined for the same offence does not automatically render a subsequent dismissal unfair.
The Court of Appeal has reiterated the general principle that it is legitimate for an employer to take into account a prior final written warning when deciding to dismiss an employee, provided that the warning was issued in good faith and was not manifestly inappropriate.