In Alexander and another v Bridgen Enterprises Ltd [2006] IRLR 422 EAT, the Employment Appeal Tribunal holds that two employees were automatically unfairly dismissed in breach of the statutory dismissal procedure because the employer had not provided sufficient information about their selection for redundancy in advance of the dismissal meeting.
In Leicestershire County Council v Unison [2006] IRLR 810 CA, the Court of Appeal holds that a tribunal was entitled to make the maximum protective award in respect of a group of employees who had been dismissed and offered new terms without consultation with the relevant unions.
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.