Employment law cases

All items: End of employment

  • Dismissal: Imposition of new shift patterns was constructive dismissal

    Date:
    1 October 1994

    In Interconnection Systems Ltd v Gibson, an employee was unfairly constructively dismissed when her employer imposed new shift patterns, and refused to accept that the domestic difficulties created by this change were a ground for considering transferring her to alternative work.

  • Sickness rules: Dismissal for evening training on sick day was unfair

    Date:
    1 October 1994

    In Inco Alloys Ltd v Kelly the EAT upholds an industrial tribunal's decision that the dismissal of an employee, because he twice attended evening Territorial Army training sessions having been off work the same day because of sickness or injury, was unfair.

  • Reasonableness: Dismissal for loss of licence was fair

    Date:
    1 October 1994

    An employee was fairly dismissed when he lost his driving licence, holds the EAT in John Liddington Ltd v Blackett, given that his job involved substantial travelling and the employer had concluded, after careful consideration of alternative arrangements, that the job could not be done properly without a car.

  • Negligence: Duty of care owed to subject of reference

    Date:
    1 September 1994

    An employer giving a reference is under a duty to the subject of the reference to take reasonable care in compiling it, or in obtaining the information on which it is based, holds the House of Lords in Spring v Guardian Assurance plc and others.

  • Time runs from 22.11.93

    Date:
    1 September 1994

    The time limit for bringing a complaint against a public sector employer in respect of discriminatory retirement did not begin to run until the date the Sex Discrimination and Equal Pay (Remedies) Regulations 1993 came into force, rules a Southampton industrial tribunal (Chair: I T Soulsby) in Wild v Portsmouth & SE Hants Health Authority.

  • Sick man defence barred

    Date:
    1 September 1994

    In Webb v EMO Air Cargo (UK) Ltd (14 July 1994) EOR57A, the European Court of Justice rules that it is contrary to the Equal Treatment Directive to dismiss a woman employed for an unlimited term who, shortly after her recruitment is found to be pregnant, notwithstanding that she was recruited initially to replace another employee during the latter's maternity leave.

  • Misconduct dismissals: Unauthorised "favour" was a breach of trust

    Date:
    1 August 1994

    An industrial tribunal's decision that a painter was unfairly dismissed for using company materials to paint guttering at a house not included in the works contract was flawed, holds the Court of Session in McGuire v Brawley Brothers Ltd.

  • Dismissal: Threat of termination was constructive dismissal

    Date:
    1 July 1994

    An employee who resigned when her employer threatened to terminate her contract with due notice if she refused to agree to a change in her shift pattern was constructively dismissed, rules the EAT in Greenaway Harrison Ltd v Wiles.

  • Reorganisation: Tribunal takes wrong approach on business reorganisation

    Date:
    1 July 1994

    An industrial tribunal's decision that an employee could reasonably refuse a proposed detrimental variation in contractual terms because it was not based on sound business reasons vital for the company's survival was wrong, holds the EAT in Catamaran Cruisers Ltd v Williams and others.

  • Hellyer Brothers Ltd v Atkinson and Dickinson

    Date:
    1 February 1994

    In Hellyer Brothers Ltd v Atkinson and Dickinson [1994] IRLR 88 CA, the Court of Appeal held that, because of the peculiarities of the crew agreement system, the employees could not claim redundancy payments because of gaps in their continuous employment.

About this category

Employment law cases: HR and legal information and guidance relating to the end of employment.