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- Date:
- 14 August 2012
- Type:
- Employment law cases
In Kücük v Land Nordrhein-Westfalen [2012] IRLR 697 ECJ, the ECJ held that an employer's use of 13 successive fixed-term contracts over a period of 11 years was not inherently in breach of the Fixed-term Workers Directive, but that the issue of objective justification had to be assessed by the national court on the particular facts of the case.
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- Type:
- Employment law cases
In this case, the retailer Boots took a business decision to reduce long-serving workers' double time for Sunday and bank holiday working to time-and-a-half, but the employment tribunal found this to be an unlawful variation of the workers' terms and conditions of employment.
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- Date:
- 19 June 2012
- Type:
- Employment law cases
In Edwards v Chesterfield Royal Hospital NHS Foundation Trust; Botham v Ministry of Defence [2012] IRLR 129 SC, the Supreme Court held that the principle in Johnson v Unisys Ltd that the implied term of trust and confidence does not allow recovery of damages for loss arising from the manner of dismissal applies equally to alleged breaches of express contractual terms.
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- Date:
- 24 May 2012
- Type:
- Employment law cases
The Court of Appeal has held that an employee who worked in the UK knowing that she did not have permission to do so was unable to claim discrimination against her unlawful employers, given that her illegal actions formed a material part of her discrimination claims.
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- Type:
- Letters and forms
A model letter informing an employee of frustration of their contract of employment.
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- Date:
- 16 May 2012
- Type:
- Employment law cases
The Employment Appeal Tribunal has affirmed the employment tribunal's decision that an employee who was unfairly dismissed because the employer believed his prison sentence frustrated his contract of employment was guilty of contributory conduct.
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- Type:
- Employment law cases
In this test case, the employment tribunal found that an NHS trust had unlawfully amended its pay progression policy to provide that staff would be denied a pay rise if their sickness absence reached a certain level.
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- Type:
- Letters and forms
A model letter on renewal of fixed-term employment.
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- Type:
- Employment law cases
The employer in this case fell into the trap of assuming that, as long as it waited for a while (one year in this case) after a TUPE transfer, it could detrimentally alter the contractual benefits of employees who had transferred, in a bid to harmonise its workforce's terms and conditions.
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- Type:
- Employment law cases
David Malamatenios and Georgina Kyriacou are partners, and Krishna Santra, Colin Makin and Sandra Martins are associates at Colman Coyle Solicitors. They round up the latest rulings.