Judith Harris of Addleshaw Goddard brings you a comprehensive update on the latest decisions that could affect your organisation, and provides advice on what to do about them.
In Forshaw and others v Archcraft Ltd, the EAT holds that the employment tribunal erred in holding that a dismissal for refusing to sign a contract of employment that contained an unreasonable restraint of trade clause was for "some other substantial reason".
Karen Smith and Sophy Robinson of 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 Hardy v Tourism South East, the EAT holds that a proposal to redeploy 26 employees on the closure of a regional office amounted to a plan to dismiss 20 or more employees and fell within s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992.
In Junk v Kühnel, the ECJ holds that articles 2 to 4 of Directive 98/59/EC on collective redundancies must be construed as meaning that the event constituting "redundancy" is the declaration by the employer of its intention to terminate the employees' contracts of employment.
In Voith Turbo Ltd v Stowe, the EAT holds that, applying the principles established in Norton Tool Co Ltd v Tewson, the tribunal was entitled to find that an unfairly dismissed employee did not have to give credit for earnings achieved during the period covered by notice pay made by his former employer.
In Webley v Department for Work and Pensions, the Court of Appeal holds that an employer's practice of refusing to renew fixed-term employment contracts once 51 weeks of service had elapsed was not unlawful under the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002.