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End of employment

New and updated

  • Type:
    FAQs

    Can an employee retract their resignation?

  • Date:
    12 November 2004
    Type:
    Employment law cases

    Unfair dismissal: Employers must take care in framing disciplinary charges

    In Strouthos v London Underground Ltd the Court of Appeal holds that the EAT was incorrect to infer an employee's dishonesty from the facts found by the tribunal, when dishonesty had not been alleged in the original disciplinary proceedings.

  • Date:
    1 November 2004
    Type:
    Employment law cases

    Soteriou v Ultrachem Ltd and others

    In Soteriou v Ultrachem Ltd and others [2004] IRLR 870 HC, the High Court held that the EAT had not erred in striking out the applicant's claim for wrongful dismissal on the basis that an employment tribunal had already determined on a claim for unfair dismissal that the applicant's contract of employment was unenforceable due to illegality and that, since the claim for wrongful dismissal involved the same contract, the EAT was bound by that finding.

  • Type:
    Employment law cases

    Case round-up

    This week's case law round-up from Eversheds, covering pregnancy-related dismissals and transfers not covered by TUPE Regulations.

  • Type:
    FAQs

    Can an employer dismiss an employee for misconduct that occurred outside the workplace?

  • Date:
    24 September 2004
    Type:
    Employment law cases

    Damages: Pre-dismissal psychiatric injury claims can proceed

    In Eastwood and another v Magnox Electric plc; McCabe v Cornwall County Council and others, the House of Lords holds that, in cases where psychiatric injury is alleged to have been caused by acts of the employer committed prior to, and separately from the act of dismissal itself, a cause of action will exist at common law for damages.

  • Date:
    24 September 2004
    Type:
    Employment law cases

    Compensation: No non-economic loss awards in unfair dismissal compensation

    In Dunnachie v Kingston-upon-Hull City Council, the House of Lords holds that Lord Hoffman's comments in Johnson were obiter and, therefore, did not prevent the House of Lords from finding that unfair dismissal compensation should be restricted to economic losses only.

  • Date:
    3 September 2004
    Type:
    Employment law cases

    Public interest disclosure: Meaning of "good faith" in whistleblowing provisions

    In Street v Derbyshire Unemployed Workers' Centre, the Court of Appeal holds that an employment tribunal had been correct to find that an employee's "whistleblowing" disclosure was not made in good faith because, although she believed her allegations to be true and did not make the disclosure for personal gain, her motivation for making it was personal antagonism towards the subject of the disclosure.

  • Date:
    1 September 2004
    Type:
    Employment law cases

    Nottinghamshire County Council v Meikle

    In Nottinghamshire County Council v Meikle [2004] IRLR 703 CA, the Court of Appeal held that putting an employee who was off sick for a disability-related reason on to half pay after a period of full pay was unjustified less favourable treatment where the employer had failed to make reasonable adjustments, which, had they been made, would have resulted in the employee's returning to work before she became liable to have her sick pay reduced.

  • Type:
    FAQs

    Will the dismissal of an employee who is taken on temporarily to cover maternity leave be fair?