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Dismissal

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  • Date:
    9 May 1990
    Type:
    Employment law cases

    Written reasons for dismissal: Employee must request written reasons

    In Catherine Haigh Harlequin Hair Design v Seed the EAT holds that in order for an employee to be able to complain that the written reasons for dismissal given to her by her employer were "inadequate or untrue", those reasons must have been furnished in response to a specific request from the employee in question.

  • Date:
    1 May 1990
    Type:
    Employment law cases

    Prestwick Circuits Ltd v McAndrew

    In Prestwick Circuits Ltd v McAndrew [1990] IRLR 191 CS, the Court of Session held that the implied right to order a transfer from one place of employment to another must be subject to the implied qualification that reasonable notice must be given in all the circumstances of the case.

  • Date:
    21 November 1989
    Type:
    Employment law cases

    Unfair dismissal: No reference to governors on college redundancies

    It was not unfair for a local education authority to dismiss three lecturers for redundancy without reference to their college's governors, even though their lecturers' contracts of employment contemplated that the governors would decide whether to dismiss.

  • Date:
    24 January 1989
    Type:
    Employment law cases

    Unfair dismissal remedies: Increase in hours leads to unfair constructive dismissal

    A unilateral increase in hours of work without consultation constituted a breach of contract entitling employees to resign and claim constructive dismissal, the EAT holds in Humphreys & Glasgow Ltd v Broom and Holt*.

  • Date:
    1 December 1988
    Type:
    Employment law cases

    Hooper v British Railways Board

    In Hooper v British Railways Board [1988] IRLR 517 CA, the Court of Appeal held that the terms of a negotiated agreement, which provided that a member of staff who was declared fit by his own doctor but did not meet the medical standards required by the Board's doctor "shall be paid the basic rate of pay appropriate to his grade until such time as he resumes work either in his own post or on other suitable work", meant that the employee had a contractual right to be kept on full pay until such time as he was redeployed or reached retirement age.

  • Date:
    1 June 1988
    Type:
    Employment law cases

    Dismissal: Transfer to new workplace not constructive dismissal

    In Courtaulds Northern Spinning Ltd v Sibson the Court of Appeal considers whether the transfer of an employee, a heavy goods vehicle driver, from one depot to a depot one mile away breached the employee's contract of employment.

  • Date:
    5 May 1988
    Type:
    Employment law cases

    Disciplinary rules and procedures: Summary dismissal unlawful

    In Dietman v London Borough of Brent the Court of Appeal upholds the High Court's ruling that a local authority acted unlawfully when it dismissed a senior social worker for gross negligence without holding a disciplinary hearing in accordance with its disciplinary procedure.

  • Date:
    19 January 1988
    Type:
    Employment law cases

    Dismissal: Refusal to hear grievance may amount to constructive dismissal

    In Elder v Clydebank Co-operative Society Ltd the EAT in Scotland orders a rehearing of a constructive dismissal complaint after an industrial tribunal failed to consider whether an employers' refusal to allow an employee to appeal against a decision to transfer her to another branch amounted to constructive dismissal.

  • Date:
    17 November 1987
    Type:
    Employment law cases

    Contracts of employment: Lords uphold claim for full loss

    In Rigby v Ferodo Ltd the House of Lords confirms that employees whose wages are reduced without their consent are entitled to claim the full amount of their continuing loss, and are not limited to a claim for the loss suffered during their notice period.

  • Date:
    31 March 1987
    Type:
    Employment law cases

    Dismissal: Resignation caused by the employer's bad faith amounts to a dismissal

    In Caledonian Mining Company Ltd v Bassett and another the EAT holds that an industrial tribunal was entitled to conclude, on the facts before it, that a group of employees had been dismissed within the meaning of s.83(2) of the Employment Protection (Consolidation) Act 1978 when they were inveigled into resigning by their employers.