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- Date:
- 24 November 2007
- Type:
- Employment law cases
In UK Coal Mining Ltd v (1) National Union of Mineworkers (Northumberland Area) (2) The British Association of Colliery Management EAT/0397/06 & EAT/0141/07, the EAT held that the duty to consult about ways of "avoiding" redundancies inevitably involves consultation about the reasons behind the proposed dismissals and, contrary to previous authority, is not limited to consultation about how the redundancies are to be effected.
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- Date:
- 23 November 2007
- Type:
- Employment law cases
The High Court has held that an employee's resignation two days after he had been informed that he was being transferred was a valid objection to the transfer.
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- Date:
- 12 November 2007
- Type:
- Employment law cases
In McAdie v Royal Bank of Scotland plc [2007] IRLR 895, the Court of Appeal confirmed that the fact that an employee's stress-related illness was caused by the employer was no bar in law to a fair dismissal on the grounds of capability.
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- Date:
- 12 November 2007
- Type:
- Employment law cases
The EAT in Greenwood v Whiteghyll Plastics Ltd EAT/0219/07 held that, although third-party pressure can constitute "some other substantial reason" justifying dismissal, when dismissing an employee in response to complaints from a major client, the employer was not entitled to disregard the issue of injustice caused to the employee.
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- Date:
- 17 October 2007
- Type:
- Employment law cases
In Félix Palacios de la Villa v Cortefiel Servicios SA Case C-411/05, the European Court of Justice (ECJ) has given its judgment that the Equal Treatment Directive (2000/78/EC) does not preclude a Spanish law permitting clauses in collective agreements that allow employees to be compulsorily retired when they reach a specified age.
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- Date:
- 14 September 2007
- Type:
- Employment law cases
In Vernon v Event Management Catering Ltd EAT/0161/07 the EAT held that a casual worker who, with the exception of a single two-week break to take a holiday, worked every week for more than three years was an employee and had sufficient continuity of service to claim unfair dismissal. He could demonstrate the existence of a contract of employment in each week during the relevant period and the period of holiday did not break his continuity of employment.
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- Date:
- 4 September 2007
- Type:
- Employment law cases
In Optare Group Ltd v Transport and General Workers Union EAT/0143/07 the Employment Appeal Tribunal held that a tribunal was right to hold that voluntary redundancies counted towards the total number of proposed redundancy dismissals at an establishment, which in this case was sufficient to trigger the statutory collective consultation requirements.
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- Type:
- Employment law cases
Judith Harris, professional support lawyer at Addleshaw Goddard, outlines the latest legal rulings.
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- Date:
- 19 July 2007
- Type:
- Employment law cases
In Morrish v NTL Group Ltd [2007] CSIH 56 CS, the Court of Session has held that a pay in lieu of notice clause could not be implied into a contract of employment.
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- Date:
- 18 July 2007
- Type:
- Employment law cases
In Sandhu v Jan de Rijk Transport Ltd [2007] IRLR 519 CA the Court of Appeal held that when an employee negotiated severance terms and resigned during a meeting called without advance warning to effect his dismissal in circumstances where he had no time to reflect or seek advice, the only conclusion open to the tribunal as a matter of law was that he had been dismissed.