Dismissal

New and updated

• Date:

  31 December 2002

  Type:

  Employment law cases

  Ngengfack v London Borough of Southwark

  In Ngengfack v London Borough of Southwark [2002] EWCA Civ 711 CA, the Court of Appeal held that an employee who had been seen working in the hairdressing salon that she owned while on sick leave from her teaching job had been fairly dismissed.

• Date:

  9 December 2002

  Type:

  Employment law cases

  Mitigation of loss: Refusing re-employment offer was a failure to mitigate loss

  In Wilding v British Telecommunications plc, the Court of Appeal upholds a decision by an employment tribunal that, by refusing an offer of part-time re-employment, an employee who had been unfairly dismissed and discriminated against on the ground of his disability had thereby failed to mitigate his loss.

• Type:

  Employment law cases

  On appeal: drugs policies and misconduct

  Continuing our series on the implications of recent significant cases, Hugh Calloway, associate solicitor in the commercial litigation department at Glanvilles Solicitors looks at issues surrounding some employment-related disputes. This week: drugs policies and misconduct.

• Type:

  FAQs

  Can an employer require fixed-term employees to sign a redundancy waiver?

• Date:

  1 August 2002

  Type:

  Employment law cases

  Transfer of undertakings: Early retirement pension paid on redundancy dismissal not excluded by TUPE

  Early retirement and enhanced benefits paid on dismissal for redundancy to employees who have reached a certain age are not "old-age, invalidity or survivors' benefits" within the meaning of article 3(4) of the EC Business Transfers Directive, even if those benefits were calculated by reference to the rules for calculating normal pension benefits, holds the European Court of Justice in Beckmann v Dynamco Whicheloe Macfarlane Ltd.

• Date:

  15 June 2002

  Type:

  Employment law cases

  Redundancy consultation: Conflicting UK and EU rules on redundancy consultation

  In MSF v Refuge Assurance plc and United Friendly Assurance, the EAT holds that the statutory duty under UK law to consult with employee representatives in relation to collective redundancies is triggered when there is an actual "proposal" to dismiss employees.

• Date:

  11 March 2002

  Type:

  Employment law cases

  Public interest disclosure: Breach of employment contract can be a protected disclosure

  In Parkins v Sodexho Ltd, the EAT holds that a protected disclosure for the purposes of s.43B Employment Rights Act 1996 can relate to a breach of the employee's own contract of employment.

• Type:

  Employment law cases

  Case roundup: Unfair dismissal and redundancy

  This week's case roundup, covering unfair dismissal and redundancy procedures laid down in collective agreements.

• Type:

  Employment law cases

  Tribunal may leave some stones unturned

  The Court of Appeal gives important guidance on how far tribunals need to go in exploring the circumstances of a claim. Plus cases on protected disclosure, redundancy selection, discrimination by an agent, working time exemptions and constructive dismissal.

• Date:

  15 September 2001

  Type:

  Employment law cases

  Redundancy: Reorganisation of duties did not result in redundancy

  The Court of Appeal holds in Shawkat v Nottingham City Hospital NHS Trust that an employment tribunal was entitled to its conclusion that a reorganisation of the employee's duties to require him to carry out different work in part of his time, while it amounted to the imposition of unreasonable duties upon him which he had reasonably declined to carry out, did not mean that he was redundant.