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- Date:
- 13 October 2009
- Type:
- Employment law cases
In Central & North West London NHS Foundation Trust v Abimbola EAT/0542/08, the EAT held that the employment tribunal had wrongly excluded highly relevant factors from its consideration of whether or not it was practicable to order reinstatement following a finding of unfair dismissal.
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- Date:
- 8 September 2009
- Type:
- Employment law cases
In Sehmi v Gate Gourmet London Ltd; Sandhu and others v Gate Gourmet London Ltd EAT/0264/08 & EAT/0265/08, the EAT held that, while the withdrawal by an employee of his or her labour will not necessarily justify dismissal, in a situation where large numbers of employees deliberately absent themselves from work in a manner that is liable to do serious damage to the employer's business, dismissal of those taking part in the action will be reasonable, even where the absence is not prolonged.
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- Date:
- 26 August 2009
- Type:
- Employment law cases
In Bournemouth University Higher Education Corporation v Buckland EAT/0492/08, the EAT held that the well-established contractual test for determining whether or not constructive dismissal has occurred should not be embellished by the introduction of the range of reasonable responses test, a concept that is properly confined to the law of unfair dismissal. In doing so, it declined to follow the EAT decisions in Abbey National plc v Fairbrother and Claridge v Daler Rowney Ltd.
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- Date:
- 7 August 2009
- Type:
- Employment law cases
The Employment Appeal Tribunal has held that an employer did not unfairly dismiss an employee when it failed to investigate in detail the nature of his misconduct in circumstances where he had admitted his guilt.
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- Type:
- FAQs
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- Date:
- 12 December 2008
- Type:
- Employment law cases
In Ali v Birmingham City Council EAT/0313/08, the EAT held that an employee's unambiguous resignation was effective and could not be unilaterally withdrawn once it had been accepted by the employer. It is only in exceptional circumstances that words of resignation should not be taken at their face value
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- Date:
- 3 November 2008
- Type:
- Employment law cases
In Claridge v Daler Rowney Ltd [2008] IRLR 672, the EAT held that, although it is for the tribunal to determine whether or not an employer has committed a repudiatory breach of contract, the employer's handling of the grievance procedure will amount to such a breach only where it fell outside the range of reasonable responses open to the employer.
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- Date:
- 16 October 2008
- Type:
- Employment law cases
The Employment Appeal Tribunal has held that an employee's admission of gross misconduct limited the need for a detailed investigation by her employer prior to dismissal.
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- Date:
- 16 September 2008
- Type:
- Employment law cases
In Capita Health Solutions v McLean and another [2008] IRLR 595, the EAT held that an employee's objection to becoming employed by the transferee did not have the effect of preventing the transfer of her contract of employment, as she had undertaken work for the transferee after the transfer date.
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- Date:
- 30 June 2008
- Type:
- Employment law cases
In Kuzel v Roche Products Ltd [2008] IRLR 530, the Court of Appeal held that, having rejected the potentially fair reason for dismissal put forward by the employer, the tribunal was not obliged to accept the automatically unfair reason put forward by the employee. It was entitled to find that the employer had at least proved that this was not the reason for dismissal.