End of employment

New and updated

• Type:

  Employment law cases

  Case of the week: Unfair dismissal and pension loss

  This week's case of the week, provided by DLA Piper, covers unfair dismissal and pension loss.

• Date:

  14 October 2009

  Type:

  Employment law cases

  Henderson v Connect (South Tyneside) Ltd

  The Employment Appeal Tribunal has held that an employer fairly dismissed an employee when a client refused to have him carry out work for it.

• Date:

  13 October 2009

  Type:

  Employment law cases

  Unfair dismissal: Employment tribunal erred in ordering reinstatement

  In Central & North West London NHS Foundation Trust v Abimbola EAT/0542/08, the EAT held that the employment tribunal had wrongly excluded highly relevant factors from its consideration of whether or not it was practicable to order reinstatement following a finding of unfair dismissal.

• Type:

  FAQs

  Can an employee who is re-employed after having been made redundant retain their statutory redundancy pay?

• Date:

  8 September 2009

  Type:

  Employment law cases

  Industrial action: Gate Gourmet employees were fairly dismissed

  In Sehmi v Gate Gourmet London Ltd; Sandhu and others v Gate Gourmet London Ltd EAT/0264/08 & EAT/0265/08, the EAT held that, while the withdrawal by an employee of his or her labour will not necessarily justify dismissal, in a situation where large numbers of employees deliberately absent themselves from work in a manner that is liable to do serious damage to the employer's business, dismissal of those taking part in the action will be reasonable, even where the absence is not prolonged.

• Date:

  26 August 2009

  Type:

  Employment law cases

  Holiday pay: Unpaid holiday pay can be claimed as unlawful deductions from wages

  In HM Revenue and Customs v Stringer and others sub nom Commissioners of Inland Revenue v Ainsworth and others [2009] IRLR 677 HL, the House of Lords held that a claim for unpaid holiday due under the Working Time Regulations 1998 can be brought as an unlawful deductions from wages claim under ss.13 and 23 of the Employment Rights Act 1996.

• Date:

  26 August 2009

  Type:

  Employment law cases

  Unfair dismissal: Range of reasonable responses test of no application in establishing constructive dismissal

  In Bournemouth University Higher Education Corporation v Buckland EAT/0492/08, the EAT held that the well-established contractual test for determining whether or not constructive dismissal has occurred should not be embellished by the introduction of the range of reasonable responses test, a concept that is properly confined to the law of unfair dismissal. In doing so, it declined to follow the EAT decisions in Abbey National plc v Fairbrother and Claridge v Daler Rowney Ltd.

• Date:

  7 August 2009

  Type:

  Employment law cases

  Age discrimination: Length-of-service criterion as part of redundancy selection matrix does not of itself amount to age discrimination

  In Rolls-Royce plc v Unite [2009] EWCA Civ 387 CA, the Court of Appeal held that a redundancy selection matrix set out in a 2003 collective agreement was not automatically rendered unlawful following the implementation of the age discrimination legislation in 2006.

• Date:

  7 August 2009

  Type:

  Employment law cases

  Manor Oak (PMG) Ltd v Kelly

  The Employment Appeal Tribunal has held that an employer did not unfairly dismiss an employee when it failed to investigate in detail the nature of his misconduct in circumstances where he had admitted his guilt.

• Date:

  13 July 2009

  Type:

  Employment law cases

  Effective date of termination: Employment terminated on date employee's pay ceased

  In Kirklees Metropolitan Council v Radecki [2009] IRLR 555 CA, the Court of Appeal held that the contract of an employee with whom the employer was negotiating a compromise agreement terminated on the date that the employer stopped paying the employee, even though at that point the draft agreement had not been executed by the parties.