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- Date:
- 17 November 2006
- Type:
- Employment law cases
In Lawson v Serco Ltd; Botham v Ministry of Defence; Crofts and others v Veta Ltd and others [2006] IRLR 289 HL, the House of Lords holds that employees will be entitled to claim unfair dismissal if working or based in Great Britain at the time of the dismissal. An employee posted abroad but retaining a strong connection with Great Britain may also be able to bring a claim.
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- Date:
- 17 November 2006
- Type:
- Employment law cases
In McCormack v Sanmina SCI UK Ltd [2006] All ER (D) 138 (Jul) EAT, the Employment Appeal Tribunal holds that redundancy dismissals that were procedurally unfair due to a lack of proper consultation were also unfair because of the employer's inconsistent approach to the assessment of willingness to work overtime and employees' skills range.
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- Date:
- 3 November 2006
- Type:
- Employment law cases
In Alexander and another v Bridgen Enterprises Ltd [2006] IRLR 422 EAT, the Employment Appeal Tribunal holds that two employees were automatically unfairly dismissed in breach of the statutory dismissal procedure because the employer had not provided sufficient information about their selection for redundancy in advance of the dismissal meeting.
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- Date:
- 20 October 2006
- Type:
- Employment law cases
In Willow Oak Developments Ltd t/a Windsor Recruitment v Silverwood and others [2006] IRLR 607 CA, the Court of Appeal holds that a refusal to sign post-employment restrictive covenants can amount to a potentially fair reason for dismissal. However, the tribunal was entitled to find that the way in which the employer had sought to impose the change was procedurally unfair.
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- Date:
- 10 October 2006
- Type:
- Employment law cases
In McLean v Rainbow Homeloans Ltd [2007] IRLR 14 EAT, the Employment Appeal Tribunal (EAT) has held that an employee was unfairly dismissed for asserting a statutory right when he refused to work extra hours that would have been a breach of the Working Time Regulations 1998.
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- Date:
- 30 August 2006
- Type:
- Employment law cases
In ABC News Intercontinental Inc v Gizbert EAT/0160/06, the Employment Appeal Tribunal (EAT) has held that there was sufficient mutuality of obligation for a contract of employment to exist where an individual had an implied duty to consider in good faith whether to accept or refuse work.
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- Type:
- Employment law cases
This week's case round-up from Eversheds, covering: constructive dismissal compensation; and injury to feelings awards.
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- Date:
- 19 May 2006
- Type:
- Employment law cases
In Diosynth Ltd v Thomson [2006] IRLR 284 CS, the Court of Session has made it clear that an employer is not entitled to take into account expired disciplinary warnings in making disciplinary decisions in respect of employees
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- Date:
- 21 April 2006
- Type:
- Employment law cases
In Cable & Wireless plc v Muscat, the Court of Appeal holds that the guidance in Dacas v Brook Street Bureau (UK) Ltd is correct, and that tribunals should consider the possibility of an implied employment contract between the worker and end user where there is a triangular worker/agency/end-user arrangement.
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- Type:
- Employment law cases
The Court of Appeal has handed down an important decision emphasising the wide discretion that an employment tribunal has to make a 'Polkey reduction' - a ruling that dismissal would have occurred, or would probably have occurred even if a fair procedure or proper investigation had been followed - in an unfair dismissal case.