The Employment Appeal Tribunal has held that, in a collective redundancy situation, there will be an election of employee representatives where the number of nominees equates to the number of available places, even where there is no ballot.
The Employment Appeal Tribunal has held that it is the transferee, rather than the Secretary of State, that is liable to pay the unfair dismissal basic award and notice of an employee who is dismissed after a "pre-pack" administration and TUPE transfer of the business as a going concern.
The employer in this case did not have absolute proof that the employee had committed misconduct, but carried out a thorough investigation that showed that it was highly likely that he had.
This case involves an employer that, rather than deal with problems with an employee's behaviour and attitude by giving him a series of warnings, used them as an excuse to dismiss him.
The Court of Appeal has held that the summary dismissal of Sharon Shoesmith, during the fallout from the death of "Baby P", was unlawful. In finding that she was entitled to a decision on her judicial review application, the Court held that her alternative employment tribunal remedy was not "equally convenient and effective".
Claire Benson is managing associate and Helen Corbett, Sinead Jones, Helen Ward and Tori O'Neil are associates at Addleshaw Goddard LLP. They round up the latest rulings.
The employer in this case ran into trouble when it dismissed an employee after he refused to work on some days during the company's annual shutdown, because it did not make clear that the outcome of his refusal could be dismissal.
This case demonstrates the importance of employers complying with the terms of contractual staff handbooks and dealing with grievance appeals properly.