End of employment

New and updated

• Date:

  14 February 2007

  Type:

  Employment law cases

  Metrobus Ltd v Cook

  In Metrobus Ltd v Cook EAT/0490/06, the Employment Appeal Tribunal (EAT) has held that an employment tribunal did not err in increasing the amount of unfair dismissal compensation by 40% where an employer had failed to follow the statutory disciplinary and dismissal procedure.

• Date:

  2 February 2007

  Type:

  Employment law cases

  TUPE case law update

  This article looks at some of the important judgments in the area of the transfer of undertakings over the past year.

• Type:

  FAQs

  Where an employee is dismissed but reinstated on appeal, should they be paid for the time between the dismissal and the successful appeal?

• Date:

  19 January 2007

  Type:

  Employment law cases

  Unfair dismissal: Covert recordings of disciplinary panel's private deliberations inadmissible

  In Chairman and Governors of Amwell View School v Dogherty EAT/0243/06, the Employment Appeal Tribunal holds that an employment tribunal was not entitled to admit as evidence in unfair dismissal proceedings recordings of a disciplinary panel's private deliberations.

• Date:

  29 December 2006

  Type:

  Employment law cases

  Transfer of undertakings: 'ETO' defence does not apply to harmonisation involving no workforce changes

  In London Metropolitan University v Sackur and others EAT/0286/06, the Employment Appeal Tribunal has confirmed that standardisation of employees' terms is not of itself sufficient to give rise to an ETO defence.

• Date:

  1 December 2006

  Type:

  Employment law cases

  Scope v Thornett

  In Scope v Thornett [2007] IRLR 155 CA, the Court of Appeal has stressed that employment tribunals are permitted to make reductions in the amount of compensation awarded for future loss of earnings where this involves speculation.

• Date:

  1 December 2006

  Type:

  Employment law cases

  Bolton School v Evans

  In Bolton School v Evans [2007] IRLR 140 CA, the Court of Appeal has held that protection against a detriment for making a protected disclosure does not extend to dismissal for conduct that is designed to demonstrate that the belief in the wrongdoing is reasonable.

• Date:

  1 December 2006

  Type:

  Employment law cases

  Fixed-term employees: Successive fixed-term contracts and objective justification

  In Adeneler and others v Ellinikos Organismos Galaktos [2006] IRLR 716 the European Court of Justice has held that the objective reasons justifying the use of successive fixed-term contracts must relate to the particular employment in question.

• Date:

  1 December 2006

  Type:

  Employment law cases

  Unfair dismissal/disability discrimination: Procedural flaws in disciplinary process not cured only by rehearing

  In Taylor v OCS Group Ltd [2006] IRLR 613 CA, the Court of Appeal holds that defects in the conduct of a disciplinary hearing are capable of being "cured" in an internal appeal even if it does not amount to a full rehearing of the issue. In addition, a deaf employee not given the opportunity to have an interpreter at his disciplinary hearing was not treated less favourably for a reason related to his disability.

• Date:

  17 November 2006

  Type:

  Employment law cases

  Redundancy selection criteria: Inconsistent application of selection criteria

  In McCormack v Sanmina SCI UK Ltd [2006] All ER (D) 138 (Jul) EAT, the Employment Appeal Tribunal holds that redundancy dismissals that were procedurally unfair due to a lack of proper consultation were also unfair because of the employer's inconsistent approach to the assessment of willingness to work overtime and employees' skills range.