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- Type:
- Employment law cases
This week's case round-up from Eversheds, covering unfair dismissal.
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- Date:
- 15 April 2005
- Type:
- Employment law cases
In Junk v Kühnel, the ECJ holds that articles 2 to 4 of Directive 98/59/EC on collective redundancies must be construed as meaning that the event constituting "redundancy" is the declaration by the employer of its intention to terminate the employees' contracts of employment.
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- Date:
- 25 March 2005
- Type:
- Employment law cases
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.
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- Date:
- 11 March 2005
- Type:
- Employment law cases
In Four Seasons Healthcare Ltd v Maughan, the EAT holds that frustration of a contract of employment requires some outside event or extraneous change of situation not foreseen by or provided for by the contract. The existence of a detailed disciplinary procedure specifically dealing with patient abuse should inhibit a tribunal from finding frustration.
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- Type:
- FAQs
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- Date:
- 11 February 2005
- Type:
- Employment law cases
In Webley v Department for Work and Pensions, the Court of Appeal holds that an employer's practice of refusing to renew fixed-term employment contracts once 51 weeks of service had elapsed was not unlawful under the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002.
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- Date:
- 11 February 2005
- Type:
- Employment law cases
In Kaur v MG Rover Group Ltd, the Court of Appeal held that a provision in a collective agreement saying there would be no compulsory redundancies was no more than an aspirational statement and could not be incorporated into individual contracts of employment.
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- Type:
- Employment law cases
Are employees, senior or otherwise, under a duty to disclose the misconduct of colleagues or themselves to their employer? Tony Thompson and Rebecca Peedell look at recent cases.
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- Date:
- 14 January 2005
- Type:
- Employment law cases
In Judge v Crown Leisure Ltd, the EAT holds the tribunal did not err in law in deciding, as a matter of factual analysis, that a conversation between the applicant and his manager at a staff Christmas party did not amount to an enforceable promise to increase his pay, but were merely words of comfort.
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- Date:
- 24 December 2004
- Type:
- Employment law cases
In London Borough of Waltham Forest v Omilaju, the Court of Appeal holds that conduct by an employer amounting to the "last straw" for the purposes of a finding of constructive dismissal must be the last in a series of actions which cumulatively amount to a repudiatory breach of the implied term of trust and confidence.