Dismissal

New and updated

• Date:

  6 February 2004

  Type:

  Employment law cases

  Unfair dismissal: Dismissing probation officer for public bondage acts did not violate human rights

  In Pay v Lancashire Probation Service, the EAT holds that a probation officer with specific responsibility for sex offenders, who was publicly engaged in sadomasochistic activities in his spare time, did not have his rights under the European Convention on Human Rights breached when he was dismissed upon discovery of those activities.

• Date:

  1 January 2004

  Type:

  Employment law cases

  Solectron Scotland Ltd v Roper and others

  In Solectron Scotland Ltd v Roper and others [2004] IRLR 4 EAT, the Employment Appeal Tribunal held that the employment tribunal did not err in finding that enhanced redundancy terms over and above what was paid to the applicants on their dismissal, which formed part of their contracts of employment with their previous employer, BT, and to which they were entitled by virtue of the Transfer of Undertakings Regulations 1981, had not been removed by custom or practice.

• Date:

  31 December 2003

  Type:

  Employment law cases

  Fraser v Stolt Offshore Ltd

  In Fraser v Stolt Offshore Ltd [2003] All ER (D) 185 (Apr) EAT, the Employment Appeal Tribunal held that an employer can issue a warning to a fixed-term employee that will be valid for a longer period than the fixed-term contract. The warning will carry over into the next contract and the employee does not have to be notified of this when he accepts the next contract.

• Date:

  19 December 2003

  Type:

  Employment law cases

  Collective redundancies: "Proposal to dismiss" was made when directors approved decision

  In Dewhirst Group v GMB Trade Union, the EAT affirms that the statutory duty under UK law to consult with employee representatives in relation to collective redundancies is triggered at the point at which a "proposal" to dismiss employees is made.

• Type:

  Employment law cases

  Case round-up: whistleblowing

  This week's case round-up from Eversheds: covering whistleblowing.

• Date:

  5 December 2003

  Type:

  Employment law cases

  Unfair dismissal: Chief executive fairly dismissed following hostile takeover

  In Cobley v Forward Technology Industries plc, the Court of Appeal holds that an employment tribunal was entitled to find that a company chief executive was fairly dismissed for "some other substantial reason" following a bidding war and hostile takeover of the company and his removal as a director.

• Type:

  Employment law cases

  Case round-up

  Our resident experts at Pinsents bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them.

• Type:

  Employment law cases

  Case round-up: indirect age discrimination; and homeworking arrangements

  This week's case round-up from Eversheds, covering: indirect age discrimination; and homeworking arrangements.

• Type:

  Employment law cases

  Case round-up: mobility clauses and "protected" whistleblowing disclosures

  This week's case round-up from Eversheds, covering: mobility clauses and "protected" whistleblowing disclosures.

• Type:

  Employment law cases

  Case round-up

  Our resident experts at Pinsents bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them.