Employment law cases

All items: End of employment

  • Hooper v British Railways Board

    Date:
    1 December 1988

    In Hooper v British Railways Board [1988] IRLR 517 CA, the Court of Appeal held that the terms of a negotiated agreement, which provided that a member of staff who was declared fit by his own doctor but did not meet the medical standards required by the Board's doctor "shall be paid the basic rate of pay appropriate to his grade until such time as he resumes work either in his own post or on other suitable work", meant that the employee had a contractual right to be kept on full pay until such time as he was redeployed or reached retirement age.

  • Dismissal: Transfer to new workplace not constructive dismissal

    Date:
    1 June 1988

    In Courtaulds Northern Spinning Ltd v Sibson the Court of Appeal considers whether the transfer of an employee, a heavy goods vehicle driver, from one depot to a depot one mile away breached the employee's contract of employment.

  • Disciplinary rules and procedures: Summary dismissal unlawful

    Date:
    5 May 1988

    In Dietman v London Borough of Brent the Court of Appeal upholds the High Court's ruling that a local authority acted unlawfully when it dismissed a senior social worker for gross negligence without holding a disciplinary hearing in accordance with its disciplinary procedure.

  • Dismissal: Refusal to hear grievance may amount to constructive dismissal

    Date:
    19 January 1988

    In Elder v Clydebank Co-operative Society Ltd the EAT in Scotland orders a rehearing of a constructive dismissal complaint after an industrial tribunal failed to consider whether an employers' refusal to allow an employee to appeal against a decision to transfer her to another branch amounted to constructive dismissal.

  • Contracts of employment: Lords uphold claim for full loss

    Date:
    17 November 1987

    In Rigby v Ferodo Ltd the House of Lords confirms that employees whose wages are reduced without their consent are entitled to claim the full amount of their continuing loss, and are not limited to a claim for the loss suffered during their notice period.

  • Negligence: High Court recognises liability for negligent references

    Date:
    4 August 1987

    In Lawton v BOC Transhield Ltd the High Court rules that an employer owes an ex-employee a duty of care when giving a reference to a prospective employer. But the court holds that the defendant company was not negligent in the particular circumstances as there was ample evidence to support the opinions expressed in the reference.

  • Dismissal: Resignation caused by the employer's bad faith amounts to a dismissal

    Date:
    31 March 1987

    In Caledonian Mining Company Ltd v Bassett and another the EAT holds that an industrial tribunal was entitled to conclude, on the facts before it, that a group of employees had been dismissed within the meaning of s.83(2) of the Employment Protection (Consolidation) Act 1978 when they were inveigled into resigning by their employers.

  • Contracts of employment: Incorporation into employment contracts

    Date:
    5 August 1986

    Many collective agreements state that they are to be "binding in honour only". In Marley v Forward Trust Group Ltd the Court of Appeal holds that this applies between the parties to the agreement, ie the union and employer, and does not affect the legal enforceability of terms of collective agreements which are incorporated into contracts of employment of individuals.

  • Discriminatory retirement age

    Date:
    1 May 1986

    In Marshall v Southampton and South-West Hampshire Area Health Authority (26.2.86) EOR7E, the European Court of Justice rules that compulsory retirement of men and women at different ages contravenes the EEC Equal Treatment Directive.

  • Dismissal: Contract for a specific purpose

    Date:
    18 February 1986

    In Brown and others v Knowsley Borough Council the EAT upholds an industrial tribunal's ruling that a temporary teacher employed by a local authority on an MSC funded course was engaged under a contract for a specific purpose (ie a contract to last only for so long as was necessary to fulfil its purpose).

About this category

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