The Court of Appeal has held that a debt claim for a company's failure to provide pay in lieu of notice to a former employee could not be defended by the discovery after the termination of employment that he committed gross misconduct while in employment.
The Court of Appeal has held that an NHS trust's decision to dismiss a doctor, which made it more difficult for him to practise in his chosen profession, did not engage his right to a fair and public hearing under the European Convention on Human Rights.
In CF Capital plc v Willoughby [2011] EWCA Civ 1115 CA, the Court of Appeal held that a letter of dismissal was effective notice to terminate the employee’s contract, even though it was based on a mistaken understanding that the employee had agreed to the termination. The “special circumstances” exception to the normal operation of such a notice did not apply, so attempts to retract the dismissal did not alter the position.
The Employment Appeal Tribunal has affirmed the employment tribunal's decision that an employee who was unfairly dismissed because the employer believed his prison sentence frustrated his contract of employment was guilty of contributory conduct.
Georgina Kyriacou and David Malamatenios are partners and Sandra Martins, Colin Makin and Krishna Santra are associates at Colman Coyle Solicitors. They round up the latest rulings.
The Supreme Court has provided guidance on the components needed to justify a compulsory retirement age, stressing that the chosen retirement age has to be appropriate and necessary in that particular business. It went on to say that, once a retirement age is justified for a workplace or group of workers, the employer does not have to justify every retirement on an individual basis.