End of employment

New and updated

• Type:

  Employment law cases

  Fair dismissal of employee who refused to work extra hours before Christmas

  This employment tribunal held that an employer fairly dismissed an employee who refused to do overtime as required under her contract of employment and whose protests at being asked to do so caused discontent among her fellow workers.

• Type:

  Employment law cases

  Libel: Email stating employee dismissed for gross misconduct not libellous

  In Theedom v Nourish Trading Ltd (t/a CSP Recruitment) and another [2016] IRLR 866 HC, the High Court dismissed an employee's libel claim in respect of emails sent by his employer about his misconduct.

• Type:

  Employment law cases

  Case round-up

  David Malamatenios is partner at Colman Coyle solicitors. He rounds up the latest rulings.

• Type:

  Employment law guide

  Final payments

  The law on final payments, including accrued salary and holiday pay, P45 obligations, and dealing with the return of property.

• Type:

  Employment law cases

  Compensation uplift: Acas code of practice does not apply to ill-health dismissal involving no culpable conduct

  In Holmes v Qinetiq Ltd [2016] IRLR 664 EAT, the EAT held the "Acas code of practice on disciplinary and grievance procedures" has no application where an employer does not allege culpable conduct by an employee. Accordingly, no uplift to compensation under s.207A of TULR(C)A could be applied where the employee was unfairly dismissed on ill-health grounds.

• Type:

  Employment law cases

  Case round-up

  Chris Cook is partner and head of employment and Keely Rushmore is senior associate at SA Law. They round up the latest rulings.

• Type:

  Employment law cases

  Dismissal of baker for not washing hands was fair

  An employment tribunal has held that an experienced employee should have appreciated the seriousness of breaching his employer's hygiene rules and it was appropriate for the employer to dismiss him.

• Type:

  Employment law cases

  Acas code does not extend to dismissal for breakdown in working relationships

  The Employment Appeal Tribunal (EAT) has held that the "Acas code of practice on disciplinary and grievance procedures" does not apply to dismissals for some other substantial reason (SOSR) due to a breakdown in working relationships.

• Type:

  Employment law cases

  Constructive dismissal: Tribunal erred in finding employee worked in demoted post without protest

  In Novakovic v Tesco Stores Ltd EAT/0315/15, the EAT held that the employment tribunal failed to consider all relevant evidence when finding that the employee had affirmed the employer's repudiatory breach of contract.

• Type:

  Employment law cases

  Fair dismissal for use of racist term heard by white colleagues only

  An employment tribunal has held that an employer fairly dismissed an employee for using a racist term in the presence of white colleagues. The tribunal was unimpressed with the claimant's arguments that he did not realise anyone was listening, did not intend to offend, and the word is "street talk" where he lives.