Employment disputes

New and updated

• Date:

  28 November 2005

  Type:

  Employment law cases

  Hilton UK Hotels Ltd v McNaughton

  In Hilton UK Hotels Ltd v McNaughton EAT/0059/04, the Employment Appeal Tribunal held that, where a compromise agreement included the qualification that settled claims would extend only to those that the employee 'believed' that she had at the date of her signature on the agreement, this did not preclude a future claim of which she was unaware at this time.

• Type:

  Employment law cases

  Case round up

  Sally Logan, associate at Addleshaw Goddard, brings you a comprehensive update on the latest decisions that could affect your organisation, and provides advice on what to do about them.

• Date:

  24 June 2005

  Type:

  Employment law cases

  Compromise agreements: Agreements must set out specific claims to be compromised

  In Hinton v University of East London, the Court of Appeal holds that the EAT had erred in law in striking out a claim brought under s.47B of the Employment Rights Act 1996 (the right not to be subjected to a detriment for making a protected disclosure) on the basis that it was precluded by a general clause in an agreement which purported to compromise all claims arising under statute, common law or otherwise.

• Date:

  10 June 2005

  Type:

  Employment law cases

  Points of procedure

  A review of recent significant cases on practice and procedure in the employment tribunals, EAT and Court of Appeal.

• Date:

  13 May 2005

  Type:

  Employment law cases

  Trade unions: Compensation where no loss suffered

  In Skiggs v South West Trains Ltd, the EAT holds that the employment tribunal was entitled to hold, on the facts, that an investigative meeting concerning a grievance about an employee who had previously been disciplined was not a disciplinary hearing for the purpose of s.10 of the Employment Relations Act 1999.

• Date:

  25 March 2005

  Type:

  Employment law cases

  Unfair dismissal: Employee need not give credit for monies earned during notice period

  In Voith Turbo Ltd v Stowe, the EAT holds that, applying the principles established in Norton Tool Co Ltd v Tewson, the tribunal was entitled to find that an unfairly dismissed employee did not have to give credit for earnings achieved during the period covered by notice pay made by his former employer.

• Date:

  14 January 2005

  Type:

  Employment law cases

  Compromise payment not taxable

  The Court of Appeal has upheld the decision of the High Court in Wilson (HM Inspector of Taxes) v Clayton that a payment from an employer under a compromise agreement should be treated as a termination payment under s.403 of the Income (Earnings and Pensions) Act 2003.

• Date:

  24 December 2004

  Type:

  Employment law cases

  Compromise agreements: Breach of agreement claims should be brought in civil courts

  In Byrnell v British Telecommunications plc, the EAT holds that in a case where the applicant sought to claim a repudiatory breach of a compromise agreement so as to release himself from any obligations under it, the tribunal was correct to conclude that it had no jurisdiction to entertain claims in relation to the compromise agreement, except to satisfy itself that the compromise agreement met the requirements of s.203 of the ERA 1996 in terms of form and legal advice.

• Date:

  26 November 2004

  Type:

  Employment law cases

  Points of procedure

  A review of recent significant cases on practice and procedure in the employment tribunals, EAT and Court of Appeal.

• Date:

  12 November 2004

  Type:

  Employment law cases

  Discrimination: Approach to be taken to harassment complaints

  In Scott v Commissioners of Inland Revenue the Court of Appeal holds that an employment tribunal erred in awarding only £15,000 in respect of the psychiatric injury caused to an employee by the way in which his employer dealt with allegations of sexual harassment made against him by a work colleague.