Dismissal

New and updated

• Date:

  1 December 2006

  Type:

  Employment law cases

  Fixed-term employees: Successive fixed-term contracts and objective justification

  In Adeneler and others v Ellinikos Organismos Galaktos [2006] IRLR 716 the European Court of Justice has held that the objective reasons justifying the use of successive fixed-term contracts must relate to the particular employment in question.

• Date:

  17 November 2006

  Type:

  Employment law cases

  Employment tribunal jurisdiction: 'Strong connections' with Great Britain give tribunal jurisdiction

  In Lawson v Serco Ltd; Botham v Ministry of Defence; Crofts and others v Veta Ltd and others [2006] IRLR 289 HL, the House of Lords holds that employees will be entitled to claim unfair dismissal if working or based in Great Britain at the time of the dismissal. An employee posted abroad but retaining a strong connection with Great Britain may also be able to bring a claim.

• Date:

  17 November 2006

  Type:

  Employment law cases

  Redundancy selection criteria: Inconsistent application of selection criteria

  In McCormack v Sanmina SCI UK Ltd [2006] All ER (D) 138 (Jul) EAT, the Employment Appeal Tribunal holds that redundancy dismissals that were procedurally unfair due to a lack of proper consultation were also unfair because of the employer's inconsistent approach to the assessment of willingness to work overtime and employees' skills range.

• Date:

  3 November 2006

  Type:

  Employment law cases

  Statutory dismissal and disciplinary procedures: Procedural unfairness and redundancy dismissals

  In Alexander and another v Bridgen Enterprises Ltd [2006] IRLR 422 EAT, the Employment Appeal Tribunal holds that two employees were automatically unfairly dismissed in breach of the statutory dismissal procedure because the employer had not provided sufficient information about their selection for redundancy in advance of the dismissal meeting.

• Date:

  1 November 2006

  Type:

  Employment law cases

  Collective redundancies: Tribunal's discretion in making protective awards

  In Leicestershire County Council v Unison [2006] IRLR 810 CA, the Court of Appeal holds that a tribunal was entitled to make the maximum protective award in respect of a group of employees who had been dismissed and offered new terms without consultation with the relevant unions.

• Type:

  FAQs

  Can an employer terminate a fixed-term contract early?

• Type:

  FAQs

  Where an employee resigns before the announcement of the closure of the business will they be entitled to redundancy compensation?

• Date:

  20 October 2006

  Type:

  Employment law cases

  Unfair dismissal: Refusal to sign unreasonable restrictive covenants can be fair reason for dismissal

  In Willow Oak Developments Ltd t/a Windsor Recruitment v Silverwood and others [2006] IRLR 607 CA, the Court of Appeal holds that a refusal to sign post-employment restrictive covenants can amount to a potentially fair reason for dismissal. However, the tribunal was entitled to find that the way in which the employer had sought to impose the change was procedurally unfair.

• Date:

  10 October 2006

  Type:

  Employment law cases

  McLean v Rainbow Homeloans Ltd

  In McLean v Rainbow Homeloans Ltd [2007] IRLR 14 EAT, the Employment Appeal Tribunal (EAT) has held that an employee was unfairly dismissed for asserting a statutory right when he refused to work extra hours that would have been a breach of the Working Time Regulations 1998.

• Type:

  Quick reference

  Relevant date for the purposes of redundancy

  A table listing the "relevant date" for the purpose of determining whether or not an employee has the right to a redundancy payment.