End of employment

New and updated

• Type:

  FAQs

  If an employee receives a payment in lieu of notice, will their annual leave entitlement accrue up to the termination date, or the end of the notice period?

• Date:

  16 September 2008

  Type:

  Employment law cases

  TUPE: Objection to transfer not valid

  In Capita Health Solutions v McLean and another [2008] IRLR 595, the EAT held that an employee's objection to becoming employed by the transferee did not have the effect of preventing the transfer of her contract of employment, as she had undertaken work for the transferee after the transfer date.

• Date:

  29 August 2008

  Type:

  Employment law cases

  Collective redundancies: Employer company liable for post-liquidation protective award

  In Haine and another v Day [2008] IRLR 642, the Court of Appeal held that a protective award made after the employer company went into liquidation in respect of its failure to consult before making collective redundancies was a provable, and therefore potentially recoverable, debt.

• Type:

  FAQs

  If a pregnant employee is made redundant before commencing maternity leave can their employer pay their statutory maternity pay in one lump sum?

• Date:

  11 August 2008

  Type:

  Employment law cases

  TUPE: Liability under employment contracts should not be split between transferees

  In Kimberley Group Housing Ltd v Hambley and others; Angel Services (UK) Ltd v Hambley and others EAT/0488/07 & EAT/0489/07, the EAT overturned an employment tribunal decision to split liability for employment contracts in proportion to the split in activities after a service provision change.

• Type:

  FAQs

  Is an employer obliged to wait a certain period of time before re-employing an employee who was dismissed for redundancy?

• Type:

  Employment law cases

  Case of the week: Garden leave

  This week's case of the week, provided by DLA Piper, covers garden leave.

• Date:

  30 June 2008

  Type:

  Employment law cases

  Whistleblowing: Burden of proof

  In Kuzel v Roche Products Ltd [2008] IRLR 530, the Court of Appeal held that, having rejected the potentially fair reason for dismissal put forward by the employer, the tribunal was not obliged to accept the automatically unfair reason put forward by the employee. It was entitled to find that the employer had at least proved that this was not the reason for dismissal.

• Date:

  11 June 2008

  Type:

  Employment law cases

  Sex discrimination: No obligation to communicate risk assessment findings in writing

  In Stevenson v JM Skinner & Co EAT/0584/07, the EAT held that an employer complied with its statutory duty to carry out a risk assessment in relation to a pregnant employee when it addressed her concerns at meetings with her and, taking account of all the circumstances, evaluated and agreed the relevant risks.

• Date:

  29 May 2008

  Type:

  Employment law cases

  Commission for Healthcare Audit & Inspection v Ward

  The Employment Appeal Tribunal has held that, when deciding whether or not a redundant employee's refusal of an offer of suitable alternative employment is reasonable, an employment tribunal is entitled to take into account the degree of suitability of the new job.