Employment law cases

Unfair dismissal categories

All items: Unfair dismissal

  • Nottinghamshire County Council v Meikle

    Date:
    1 September 2004

    In Nottinghamshire County Council v Meikle [2004] IRLR 703 CA, the Court of Appeal held that putting an employee who was off sick for a disability-related reason on to half pay after a period of full pay was unjustified less favourable treatment where the employer had failed to make reasonable adjustments, which, had they been made, would have resulted in the employee's returning to work before she became liable to have her sick pay reduced.

  • Hardy v Polk (Leeds) Ltd

    Date:
    1 June 2004

    In Hardy v Polk (Leeds) Ltd [2004] IRLR 420 EAT, the Employment Appeal Tribunal held that an employee who is dismissed without notice or pay in lieu of notice is under a duty to mitigate his or her loss in respect of the notice period, and that earnings received from another employer during the (nominal) notice period must be offset against the compensatory award.

  • Damages: EDT is end of statutory notice in summary dismissals

    Date:
    21 May 2004

    In Harper v Virgin Net Ltd the Court of Appeal holds under s.97(2) of the Employment Rights Act 1996, where an employee is summarily dismissed, that employee's effective date of termination ("EDT") is only extended to the end of the statutory notice period to which he or she would have been entitled, and not to the end of their contractual notice period.

  • Unfair dismissal: Tribunals empowered to make awards for non-economic loss

    Date:
    2 April 2004

    In Dunnachie v Kingston upon Hull City Council, the Court of Appeal holds that the comments by Lord Hoffmann in Johnson v Unisys, to the effect that the interpretation of (what is now) s.123 of the Employment Rights Act 1996 given in Norton Tool Co Ltd v Tewson was too narrow in limiting unfair dismissal compensation to economic losses, were obiter and did not bind the Court in the present case.

  • Virgo Fidelis School v Boyle

    Date:
    1 April 2004

    In Virgo Fidelis School v Boyle [2004] IRLR 268 EAT, the Employment Appeal Tribunal held that awards of compensation for injury to feelings in whistleblowing cases should be based on the guidelines set out by the Court of Appeal in Vento v Chief Constable of West Yorkshire Police [2003] IRLR 102 for race and sex discrimination cases.

  • Constructive dismissal: Failure to notify pregnant employee of job opportunity was repudiatory breach

    Date:
    20 February 2004

    In Visa International Service Association v Paul the EAT holds that an employment tribunal was correct to find that an employee was constructively dismissed when her employer failed to notify her, while she was on maternity leave, of a newly created post arising out of a reorganisation in her department in which the employee was interested, and considered herself well qualified for.

  • Unfair dismissal: Dismissing probation officer for public bondage acts did not violate human rights

    Date:
    6 February 2004

    In Pay v Lancashire Probation Service, the EAT holds that a probation officer with specific responsibility for sex offenders, who was publicly engaged in sadomasochistic activities in his spare time, did not have his rights under the European Convention on Human Rights breached when he was dismissed upon discovery of those activities.

  • Fraser v Stolt Offshore Ltd

    Date:
    31 December 2003

    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.

  • Case round-up: whistleblowing

    This week's case round-up from Eversheds: covering whistleblowing.

  • Unfair dismissal: Chief executive fairly dismissed following hostile takeover

    Date:
    5 December 2003

    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.

About this category

Employment law cases: HR and legal information and guidance relating to unfair dismissal.