Dismissal
In Solectron Scotland Ltd v Roper and others [2004] IRLR 4 EAT, the Employment Appeal Tribunal held that the employment tribunal did not err in finding that enhanced redundancy terms over and above what was paid to the applicants on their dismissal, which formed part of their contracts of employment with their previous employer, BT, and to which they were entitled by virtue of the Transfer of Undertakings Regulations 1981, had not been removed by custom or practice.
In Fraser v Stolt Offshore Ltd [2003] All ER (D) 185 (Apr) EAT, the Employment Appeal Tribunal held that an employer can issue a warning to a fixed-term employee that will be valid for a longer period than the fixed-term contract. The warning will carry over into the next contract and the employee does not have to be notified of this when he accepts the next contract.
In Dewhirst Group v GMB Trade Union, the EAT affirms that the statutory duty under UK law to consult with employee representatives in relation to collective redundancies is triggered at the point at which a "proposal" to dismiss employees is made.
This week's case round-up from Eversheds: covering whistleblowing.
In Cobley v Forward Technology Industries plc, the Court of Appeal holds that an employment tribunal was entitled to find that a company chief executive was fairly dismissed for "some other substantial reason" following a bidding war and hostile takeover of the company and his removal as a director.
Our resident experts at Pinsents bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them.
This week's case round-up from Eversheds, covering: indirect age discrimination; and homeworking arrangements.
This week's case round-up from Eversheds, covering: mobility clauses and "protected" whistleblowing disclosures.
Our resident experts at Pinsents bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them.
In Qua v John Ford Morrison Solicitors, the EAT holds that the statutory right to take a "reasonable amount of time off" to care for dependants is a right that applies during working hours to enable employees to deal with the variety of specified unexpected or sudden events affecting their dependants, and in order to make any "necessary" longer-term arrangements for their care.
Employment law cases: HR and legal information and guidance relating to dismissal.