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- Date:
- 1 February 2011
- Type:
- Employment law cases
In Gisda Cyf v Barratt [2010] IRLR 1073 SC, the Supreme Court held that, where a dismissal is effected by letter, the effective date of termination (from which the time limit for an unfair dismissal claim begins to run) does not occur until the letter is read or until the point at which the employee has had a reasonable opportunity to read it. In doing so, the Court rejected the contention that ordinary contractual principles should apply so that the effective date of termination would be the date on which the letter is delivered.
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- Type:
- Employment law cases
Tori O'Neil, associate, and Judith Harris, legal director, at Addleshaw Goddard detail the latest rulings.
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- Type:
- Employment law cases
Employers faced with an employee who has been convicted of a criminal offence outside work must look at all the circumstances and still follow their usual disciplinary procedure before making a decision to dismiss, as this tribunal judgment shows.
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- Type:
- FAQs
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- Type:
- FAQs
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- Date:
- 19 January 2011
- Type:
- Employment law cases
In Wood v Caledon Social Club Ltd and another EAT/0528/09, the EAT held that a TUPE transfer arose even though the business had temporarily ceased operating at the time of the transfer.
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- Type:
- Employment law cases
This case is a reminder to employers of the dangers of making fundamental changes to an employee's job when attempting to cut costs during a business downturn.
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- Type:
- Employment law cases
In this case, an employment tribunal held that the heavy-handed way in which a manager dealt with suspected unauthorised absence entitled the employee to resign and claim unfair dismissal.
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- Type:
- Employment law cases
The employer in this case attempted to recoup commission from an employee, but had removed the clause in his contract of employment that entitled it to make deductions from his wages, leading to the employee's constructive dismissal.
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- Type:
- Employment law cases
The industrial tribunal in Northern Ireland has awarded over £40,000 for unfair dismissal to an employee who resigned after his employer breached his contract of employment on numerous occasions.