In Land Securities Trilium Ltd v Thornley, the EAT holds that, when deciding whether there has been a change in job duties, the tribunal may look not only at how the duties were described in the employee's original job description, but also at the actual work she had been given.
In Perkin v St George's Healthcare NHS Trust, the Court of Appeal holds that an employment tribunal was entitled to make a 100% reduction to the compensation of a senior executive whose dismissal was procedurally unfair, on the basis that his conduct at the disciplinary hearing was such that it destroyed any possibility of him working with senior colleagues in the future.
Joe Glavina and Emma Slark at Addleshaw Goddard bring you a comprehensive update on the latest decisions that could affect your organisation, and provide advice on what to do about them.
In Bunning v G T Bunning & Sons Ltd, the Court of Appeal holds that the tribunal was correct to find the employer in breach of its obligation to carry out a risk assessment for a pregnant worker under reg.16 of the Management of Health and Safety at Work Regulations 1999.
In Kerry Foods Ltd v Lynch, the EAT holds that the tribunal had erred in finding that the claimant was constructively dismissed. Giving lawful notice cannot of itself constitute a breach of the implied term of trust and confidence. The employee had resigned prematurely.
In Amicus v GBS Tooling Ltd (in administration), the EAT holds that, under s.189 of the Trade Union and Labour Relations (Consolidation) Act 1992, to make a protective award against an employer in respect of breaches of s.188, an employment tribunal is entitled and obliged to assess the seriousness of the breach, taking into account its nature and any mitigating circumstances.