The Court of Appeal has held that an employee's contract of employment was terminated by the transfer of pay in lieu of notice into his bank account, even though he did not know at the time that this had happened.
In this case, the employment tribunal held that an employer placed too much emphasis on an employee's "flippant" and "sarcastic" attitude during a disciplinary hearing and failed properly to consider the flaws in the evidence against him.
The Employment Appeal Tribunal has held that, where an employee is dismissed primarily because of a breakdown in trust and confidence rather than conduct, the employer's contractual disciplinary procedures will not apply.
The Employment Appeal Tribunal has held that the employment tribunal was wrong to find that the absence of a system of moderating two sets of redundancy scores following a TUPE transfer rendered the selection process unfair.
The Court of Appeal has held that the tribunal was correct to decide that it had jurisdiction to hear claims of unfair dismissal and sex discrimination by two British employees who worked for the Ministry of Defence in Belgium and the Netherlands.