End of employment
The Court of Appeal has held that an NHS worker who was absent for the whole leave year and who did not submit any requests for annual leave during her absence was entitled to holiday pay on the termination of her employment.
The Court of Appeal has upheld a decision that OFCOM was entitled, in dismissing an employee, to rely on an official disclosure that he presented a risk to children and consider the potential reputational damage if the allegations against him were true.
The European Court of Justice has upheld the Swedish law that allows an employer to terminate an employee's contract of employment on the sole ground that he or she has reached the age of 67, taking no account of the pension that the employee will receive.
The Employment Appeal Tribunal has affirmed the employment tribunal's decision that an employee, who was dismissed because of the employer's downturn in work and consequent reduction in the hours to be worked, was dismissed by reason of redundancy, even though there was no reduction in the employees required.
Georgina Kyriacou and David Malamatenios are partners and Sandra Martins, Colin Makin and Krishna Santra are associates at Colman Coyle Solicitors. They round up the latest rulings.
Sinead Jones is an associate, and Phil Dupres and Beckie Howlett are trainee solicitors at Addleshaw Goddard. They round up the latest rulings.
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.
The Court of Appeal has held that an NHS trust's decision to dismiss a doctor, which made it more difficult for him to practise in his chosen profession, did not engage his right to a fair and public hearing under the European Convention on Human Rights.
In CF Capital plc v Willoughby [2011] EWCA Civ 1115 CA, the Court of Appeal held that a letter of dismissal was effective notice to terminate the employee’s contract, even though it was based on a mistaken understanding that the employee had agreed to the termination. The “special circumstances” exception to the normal operation of such a notice did not apply, so attempts to retract the dismissal did not alter the position.
The Employment Appeal Tribunal has affirmed the employment tribunal's decision that an employee who was unfairly dismissed because the employer believed his prison sentence frustrated his contract of employment was guilty of contributory conduct.
Employment law cases: HR and legal information and guidance relating to the end of employment.