Employment law cases

Unfair dismissal categories

All items: Unfair dismissal

  • 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.

  • 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.

  • Transfer of undertakings: Changes in the workforce

    Date:
    4 June 1985

    In Delabole Slate Ltd v Berriman the Court of Appeal upholds the EAT's decision that a dismissal which occurs as a consequence of a change in terms of employment following the transfer of an undertaking is not a dismissal for "an economic, technical or organisational reason entailing changes in the workforce", and so is automatically unfair under reg.8(1) of the Transfer of Undertakings (Protection of Employment) Regulations 1981.

  • Unfair dismissal: Grounds for appeal

    Date:
    21 August 1984

    The EAT can overturn industrial tribunal decisions on the ground either that there has been an error of law, or that the decision was perverse. In Dobie v Burns International Security Services (UK) Ltd, the Court of Appeal holds that these are alternative not cumulative reasons for allowing an appeal.

  • Reasonableness: EAT reviews the test of reasonableness

    Date:
    19 October 1982

    In Iceland Frozen Foods v Jones the EAT has reviewed the decisions on the test of reasonableness as required by s.57(3) of the EP(C)A. They stress the importance of considering the range of reasonable responses and warn against the test which states that a dismissal is unfair only if no sensible or reasonable employer could have arrived at that decision, as this approach could result in a misunderstanding of the law.

  • Tayside Regional Council v McIntosh

    Date:
    1 July 1982

    In Tayside Regional Council v McIntosh [1982] IRLR 272 EAT, the EAT held that a requirement for "qualifications" need not be expressly stated in a contract of employment, as it may be inferred from the job advertisement or from the nature of the job.

  • Evans v Elemeta Holdings Ltd

    Date:
    1 April 1982

    In Evans v Elemeta Holdings Ltd [1982] IRLR 143 EAT, the EAT emphasises that whether it is reasonable to dismiss an employee for refusing to accept a change in contractual terms depends upon whether it was reasonable for the employee to decline the terms. If it was reasonable for the employee to decline those terms, then it is unreasonable for the employer to dismiss the employee for such refusal.

  • Capability: Alidair gross incompetence test limited

    Date:
    22 May 1981

    The Court of Appeal's decision in Alidair Ltd v Taylor is authority for the proposition that there are circumstances in which an employee's incompetence can be so great that it is unnecessary to give him an opportunity to improve. The effect of the Court of Appeal's more recent decision in Inner London Education Authority v Lloyd, however, is to limit the application of the Alidair case. Rejecting an analogy of the case of Mr Lloyd, a probationary teacher, to that of Mr Taylor, an airline pilot, the Appeal Court points out that in Alidair the safety of a large number of people was involved.

  • Gardiner v London Borough of Merton

    Date:
    1 December 1980

    In Gardiner v London Borough of Merton [1980] IRLR 472 CA, the Court of Appeal held that where an individual leaves the employ of one authority and joins another he or she will lose all rights of continuity of employment except for those that may be provided for under the Redundancy Payments (Continuity of Employment etc) (Modification) Order 1999.

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