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End of employment

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  • Date:
    5 May 1988
    Type:
    Employment law cases

    Disciplinary rules and procedures: Summary dismissal unlawful

    In Dietman v London Borough of Brent the Court of Appeal upholds the High Court's ruling that a local authority acted unlawfully when it dismissed a senior social worker for gross negligence without holding a disciplinary hearing in accordance with its disciplinary procedure.

  • Date:
    19 January 1988
    Type:
    Employment law cases

    Dismissal: Refusal to hear grievance may amount to constructive dismissal

    In Elder v Clydebank Co-operative Society Ltd the EAT in Scotland orders a rehearing of a constructive dismissal complaint after an industrial tribunal failed to consider whether an employers' refusal to allow an employee to appeal against a decision to transfer her to another branch amounted to constructive dismissal.

  • Date:
    17 November 1987
    Type:
    Employment law cases

    Contracts of employment: Lords uphold claim for full loss

    In Rigby v Ferodo Ltd the House of Lords confirms that employees whose wages are reduced without their consent are entitled to claim the full amount of their continuing loss, and are not limited to a claim for the loss suffered during their notice period.

  • Date:
    4 August 1987
    Type:
    Employment law cases

    Negligence: High Court recognises liability for negligent references

    In Lawton v BOC Transhield Ltd the High Court rules that an employer owes an ex-employee a duty of care when giving a reference to a prospective employer. But the court holds that the defendant company was not negligent in the particular circumstances as there was ample evidence to support the opinions expressed in the reference.

  • Date:
    31 March 1987
    Type:
    Employment law cases

    Dismissal: Resignation caused by the employer's bad faith amounts to a dismissal

    In Caledonian Mining Company Ltd v Bassett and another the EAT holds that an industrial tribunal was entitled to conclude, on the facts before it, that a group of employees had been dismissed within the meaning of s.83(2) of the Employment Protection (Consolidation) Act 1978 when they were inveigled into resigning by their employers.

  • Date:
    5 August 1986
    Type:
    Employment law cases

    Contracts of employment: Incorporation into employment contracts

    Many collective agreements state that they are to be "binding in honour only". In Marley v Forward Trust Group Ltd the Court of Appeal holds that this applies between the parties to the agreement, ie the union and employer, and does not affect the legal enforceability of terms of collective agreements which are incorporated into contracts of employment of individuals.

  • Date:
    1 May 1986
    Type:
    Employment law cases

    Discriminatory retirement age

    In Marshall v Southampton and South-West Hampshire Area Health Authority (26.2.86) EOR7E, the European Court of Justice rules that compulsory retirement of men and women at different ages contravenes the EEC Equal Treatment Directive.

  • Date:
    18 February 1986
    Type:
    Employment law cases

    Dismissal: Contract for a specific purpose

    In Brown and others v Knowsley Borough Council the EAT upholds an industrial tribunal's ruling that a temporary teacher employed by a local authority on an MSC funded course was engaged under a contract for a specific purpose (ie a contract to last only for so long as was necessary to fulfil its purpose).

  • Date:
    1 October 1985
    Type:
    Employment law cases

    Transport & General Workers' Union v Ledbury Preserves (1928) Ltd

    In Transport & General Workers' Union v Ledbury Preserves (1928) Ltd [1985] IRLR 412 EAT, the EAT held that in a potential redundancy situation there must be "sufficient meaningful" consultation before notices of dismissal are sent out.

  • Date:
    4 June 1985
    Type:
    Employment law cases

    Transfer of undertakings: Changes in the workforce

    In Delabole Slate Ltd v Berriman the Court of Appeal upholds the EAT's decision that a dismissal which occurs as a consequence of a change in terms of employment following the transfer of an undertaking is not a dismissal for "an economic, technical or organisational reason entailing changes in the workforce", and so is automatically unfair under reg.8(1) of the Transfer of Undertakings (Protection of Employment) Regulations 1981.