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- Type:
- Employment law cases
In Atherton v Bensons Vending Ltd, an employment tribunal held that a small employer fairly dismissed an employee who made a personal attack on the managing director on Facebook. However, the claimant's wrongful dismissal was upheld because the employer could not show that his behaviour was so serious that it was entitled to dismiss him without notice pay.
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- Type:
- Employment law cases
In Antuzis and others v DJ Houghton Catching Services Ltd and others, the High Court held that the director and company secretary were both jointly and severally liable for the employer's statutory and contractual breaches.
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- Date:
- 28 March 2019
- Type:
- Commentary and insights
Although a recent Court of Appeal decision concerning suspension in relation to safeguarding concerns provides an element of reassurance for employers, consultant editor Darren Newman explains why suspension should still be used only sparingly.
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- Type:
- Employment law cases
In London Borough of Lambeth v Agoreyo, the Court of Appeal held that the proper test for the courts for deciding if an employee's suspension breached the implied term of trust and confidence is whether or not the employer's decision to suspend was a "reasonable and proper" response to the allegations.
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- Date:
- 22 January 2019
- Type:
- Commentary and insights
With the Court of Appeal due to hear the appeal against the High Court decision in Agoreyo that the suspension of a teacher was a repudiatory breach of contract, consultant editor Darren Newman looks at the issue of suspension when it relates to safeguarding concerns.
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- Type:
- Employment law cases
In Awan v ICTS UK Ltd, the Employment Appeal Tribunal (EAT) held that an implied term of the contract of employment prohibited the employer from dismissing the employee for medical capability while he was entitled to receive long-term disability benefits.
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- Type:
- Employment law cases
In Agarwal v Cardiff University and another; Tyne and Wear Passenger Transport Executive t/a Nexus v Anderson and others, the Court of Appeal held that employment tribunals have jurisdiction to construe contractual terms in the context of a claim for unlawful deductions from wages.
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- Type:
- Employment law cases
In Roddis v Sheffield Hallam University, the Employment Appeal Tribunal (EAT) held that a lecturer employed under a zero hours contract was employed under the same type of contract as a permanent full-time lecturer for the purposes of his claim of less favourable treatment under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551).
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- Type:
- Employment law cases
In Abrahall and others v Nottingham City Council and another, the Court of Appeal held that a number of employees who had continued to work without protest throughout a two-year pay freeze had not agreed to a variation of their contracts of employment.
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- Type:
- Employment law cases
In Tillman v Egon Zehnder, the Court of Appeal held that a six-month non-compete clause that prevented the employee from being "concerned or interested in any business carried on in competition" after termination of employment was unenforceable as it would bar her from being a shareholder in a competing business.