End of employment

New and updated

• Date:

  10 January 2003

  Type:

  Employment law cases

  Contracts of employment: Contractual entitlement to enhanced redundancy terms arose by custom and practice

  In Albion Automotive Ltd v Walker and others, the Court of Appeal upholds an employment tribunal's decision that an employer who made enhanced redundancy payments according to an agreed policy for a number of years created a custom and practice from which the tribunal could infer that the employer and/or its successors intended to be contractually bound to make those payments.

• Date:

  10 January 2003

  Type:

  Employment law cases

  Public interest disclosure: Statutory elements of "protected disclosure" must be proved

  Where, in a protected disclosure case, the employee had not served the requisite qualifying period to bring an unfair dismissal complaint, the critical issue for the tribunal is whether or not the protected disclosure provisions in the Employment Rights Act 1996 have been satisfied on the evidence, and not substantive or procedural unfairness, which would have been the central issue in a claim for "ordinary" unfair dismissal, the Court of Appeal holds in ALM Medical Services Ltd v Bladon.

• Date:

  31 December 2002

  Type:

  Employment law cases

  Ngengfack v London Borough of Southwark

  In Ngengfack v London Borough of Southwark [2002] EWCA Civ 711 CA, the Court of Appeal held that an employee who had been seen working in the hairdressing salon that she owned while on sick leave from her teaching job had been fairly dismissed.

• Date:

  9 December 2002

  Type:

  Employment law cases

  Mitigation of loss: Refusing re-employment offer was a failure to mitigate loss

  In Wilding v British Telecommunications plc, the Court of Appeal upholds a decision by an employment tribunal that, by refusing an offer of part-time re-employment, an employee who had been unfairly dismissed and discriminated against on the ground of his disability had thereby failed to mitigate his loss.

• Type:

  Employment law cases

  On appeal: drugs policies and misconduct

  Continuing our series on the implications of recent significant cases, Hugh Calloway, associate solicitor in the commercial litigation department at Glanvilles Solicitors looks at issues surrounding some employment-related disputes. This week: drugs policies and misconduct.

• Type:

  Quick reference

  Statutory minimum notice to be given to employees

  A table listing the minimum notice periods to be given to employees.

• Type:

  FAQs

  Can an employer require fixed-term employees to sign a redundancy waiver?

• Type:

  FAQs

  Are there any circumstances in which a contract of employment can end without resignation or dismissal?

• Date:

  1 August 2002

  Type:

  Employment law cases

  Transfer of undertakings: Early retirement pension paid on redundancy dismissal not excluded by TUPE

  Early retirement and enhanced benefits paid on dismissal for redundancy to employees who have reached a certain age are not "old-age, invalidity or survivors' benefits" within the meaning of article 3(4) of the EC Business Transfers Directive, even if those benefits were calculated by reference to the rules for calculating normal pension benefits, holds the European Court of Justice in Beckmann v Dynamco Whicheloe Macfarlane Ltd.

• Date:

  15 June 2002

  Type:

  Employment law cases

  Redundancy consultation: Conflicting UK and EU rules on redundancy consultation

  In MSF v Refuge Assurance plc and United Friendly Assurance, the EAT holds that the statutory duty under UK law to consult with employee representatives in relation to collective redundancies is triggered when there is an actual "proposal" to dismiss employees.