Dismissal

New and updated

• Type:

  Employment law cases

  Case round-up

  Zoe Balmforth and Joe Glavina of Addleshaw Goddard outline the latest legal rulings and explain what you need to know to avoid tribunals.

• Type:

  Employment law cases

  Case round-up: Unfair dismissal

  This week's case round-up from Eversheds, covering unfair dismissal.

• Type:

  Employment law cases

  Case round-up

  Joe Glavina and Emma Slark at Addleshaw Goddard bring you a comprehensive update on the latest decisions that could affect your organisation, and provide advice on what to do about them.

• Date:

  28 October 2005

  Type:

  Employment law cases

  Constructive dismissal: Failure to conduct proper risk assessment can be repudiatory breach

  In Bunning v G T Bunning & Sons Ltd, the Court of Appeal holds that the tribunal was correct to find the employer in breach of its obligation to carry out a risk assessment for a pregnant worker under reg.16 of the Management of Health and Safety at Work Regulations 1999.

• Date:

  30 September 2005

  Type:

  Employment law cases

  Constructive dismissal: Lawful termination not a breach of trust and confidence

  In Kerry Foods Ltd v Lynch, the EAT holds that the tribunal had erred in finding that the claimant was constructively dismissed. Giving lawful notice cannot of itself constitute a breach of the implied term of trust and confidence. The employee had resigned prematurely.

• Date:

  30 September 2005

  Type:

  Employment law cases

  Redundancy: Protective award reduced to reflect information given

  In Amicus v GBS Tooling Ltd (in administration), the EAT holds that, under s.189 of the Trade Union and Labour Relations (Consolidation) Act 1992, to make a protective award against an employer in respect of breaches of s.188, an employment tribunal is entitled and obliged to assess the seriousness of the breach, taking into account its nature and any mitigating circumstances.

• Date:

  16 September 2005

  Type:

  Employment law cases

  Unfair dismissal: Perceived commercial interest key to 'SOSR'

  In Scott & Co v Richardson, the EAT holds that the employment tribunal failed to apply the correct tests to discover whether the employer had some other substantial reason for dismissing the employee and substituted its own view of the evidence, leading to the conclusion that the employer had no other substantial reason for dismissal.

• Type:

  FAQs

  Is it possible for an employer to withdraw notice of redundancy?

• Type:

  Employment law cases

  Case round up

  Judith Harris of Addleshaw Goddard brings you a comprehensive update on the latest decisions that could affect your organisation, and provides advice on what to do about them.

• Date:

  12 August 2005

  Type:

  Employment law cases

  Unfair dismissal: Refusal to sign unreasonable restrictive covenant not fair reason for dismissal

  In Forshaw and others v Archcraft Ltd, the EAT holds that the employment tribunal erred in holding that a dismissal for refusing to sign a contract of employment that contained an unreasonable restraint of trade clause was for "some other substantial reason".