Dismissal

New and updated

• 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.

• Date:

  1 August 2001

  Type:

  Employment law cases

  Collective redundancies: Employer failed to consult unions about ways of avoiding collective redundancies

  In Middlesbrough Borough Council v Transport and General Workers' Union and another, the EAT upholds an employment tribunal's finding of fact that an employer failed to consult representatives of two trade unions that it recognised, in respect of more than 100 employees whom it was proposing to make redundant within 90 days, about ways of avoiding the dismissals.

• Date:

  1 July 2001

  Type:

  Employment law cases

  Damages: Damages were payable for accrued pension rights lost as a result of unlawful termination

  An employee who was summarily and wrongfully dismissed 12 days before his 55th birthday, albeit with 12 weeks' pay in lieu of notice, was in principle entitled to claim damages made up of the amount that he would have been paid but for the employer's repudiatory breach of his contract of employment, holds the Court of Appeal in Silvey v Pendragon plc.

• Type:

  FAQs

  For the purposes of summary dismissal, how does an employer legally define a serious breach of contract?

• Type:

  FAQs

  Can the courts force an employer to retract a dismissal without notice if an employee has not committed a serious breach of contract?

• Type:

  FAQs

  In what circumstances might an employee be entitled to a redundancy payment?