In Willow Oak Developments Ltd t/a Windsor Recruitment v Silverwood and others [2006] IRLR 607 CA, the Court of Appeal holds that a refusal to sign post-employment restrictive covenants can amount to a potentially fair reason for dismissal. However, the tribunal was entitled to find that the way in which the employer had sought to impose the change was procedurally unfair.
In McLean v Rainbow Homeloans Ltd [2007] IRLR 14 EAT, the Employment Appeal Tribunal (EAT) has held that an employee was unfairly dismissed for asserting a statutory right when he refused to work extra hours that would have been a breach of the Working Time Regulations 1998.
In ABC News Intercontinental Inc v Gizbert EAT/0160/06, the Employment Appeal Tribunal (EAT) has held that there was sufficient mutuality of obligation for a contract of employment to exist where an individual had an implied duty to consider in good faith whether to accept or refuse work.
In Vauxhall Motors Ltd v Transport and General Workers Union EAT/0657/05, the Employment Appeal Tribunal holds that where an employer commences consultation in compliance with the statutory requirements, but no redundancies take place until a much later date, no fresh compliance will be required if meaningful consultation has continued during the interim period.
In Secession Ltd t/a Freud v Bellingham EAT/0069/05, the Employment Appeal Tribunal holds that the tribunal was entitled to imply a term to the effect that an employee with no written contract had the right to be paid in full during periods of sickness absence.