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- Type:
- Letters and forms
A model letter to an employee who is resigning agreeing to release them from the requirement to serve out their full notice period.
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- Date:
- 1 June 2004
- Type:
- Employment law cases
In Susie Radin v GMB and others [2004] IRLR 400 CA, the Court of Appeal held that the employment tribunal had not erred in making a protective award for the maximum period of 90 days in respect of the employers' failure to consult with the union over a proposal to close a factory and dismiss all employees as redundant, notwithstanding the tribunal's finding in relation to the employees' claims of unfair dismissal that, in those circumstances, consultation would have been futile.
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- Date:
- 1 June 2004
- Type:
- Employment law cases
In Hardy v Polk (Leeds) Ltd [2004] IRLR 420 EAT, the Employment Appeal Tribunal held that an employee who is dismissed without notice or pay in lieu of notice is under a duty to mitigate his or her loss in respect of the notice period, and that earnings received from another employer during the (nominal) notice period must be offset against the compensatory award.
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- Date:
- 21 May 2004
- Type:
- Employment law cases
In Harper v Virgin Net Ltd the Court of Appeal holds under s.97(2) of the Employment Rights Act 1996, where an employee is summarily dismissed, that employee's effective date of termination ("EDT") is only extended to the end of the statutory notice period to which he or she would have been entitled, and not to the end of their contractual notice period.
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- Date:
- 7 May 2004
- Type:
- Employment law cases
In Crossley v Faithful & Gould Holdings Ltd the Court of Appeal holds that there is no implied contractual obligation for an employer to take reasonable care for its employees' economic wellbeing.
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- Date:
- 2 April 2004
- Type:
- Employment law cases
In Dunnachie v Kingston upon Hull City Council, the Court of Appeal holds that the comments by Lord Hoffmann in Johnson v Unisys, to the effect that the interpretation of (what is now) s.123 of the Employment Rights Act 1996 given in Norton Tool Co Ltd v Tewson was too narrow in limiting unfair dismissal compensation to economic losses, were obiter and did not bind the Court in the present case.
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- Date:
- 1 April 2004
- Type:
- Employment law cases
In Virgo Fidelis School v Boyle [2004] IRLR 268 EAT, the Employment Appeal Tribunal held that awards of compensation for injury to feelings in whistleblowing cases should be based on the guidelines set out by the Court of Appeal in Vento v Chief Constable of West Yorkshire Police [2003] IRLR 102 for race and sex discrimination cases.
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- Type:
- FAQs
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- Date:
- 20 February 2004
- Type:
- Employment law cases
In Visa International Service Association v Paul the EAT holds that an employment tribunal was correct to find that an employee was constructively dismissed when her employer failed to notify her, while she was on maternity leave, of a newly created post arising out of a reorganisation in her department in which the employee was interested, and considered herself well qualified for.
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- Date:
- 6 February 2004
- Type:
- Employment law cases
In Pay v Lancashire Probation Service, the EAT holds that a probation officer with specific responsibility for sex offenders, who was publicly engaged in sadomasochistic activities in his spare time, did not have his rights under the European Convention on Human Rights breached when he was dismissed upon discovery of those activities.