Unfair dismissal

New and updated

• Date:

  24 March 2006

  Type:

  Employment law cases

  Public interest disclosure: Compensation for whistleblower's detriment to date of dismissal

  In Melia v Magna Kansei Ltd, the Court of Appeal holds that where an employee has been subjected to detriment for having made a protected disclosure and then resigned claiming constructive dismissal, compensation for injured feelings should be assessed over the entire period up to the date of termination.

• Type:

  Employment law cases

  Case round-up

  Sophy Robinson and Karen Fletcher of Addleshaw Goddard outline the latest legal rulings and explain what you need to know to avoid tribunals.

• Date:

  17 February 2006

  Type:

  Employment law cases

  Unfair dismissal: Reduction appropriate if 'sensible reconstruction of world' is possible

  In Gover and others v Propertycare Ltd, the EAT holds that, in an unfair dismissal case, a Polkey reduction may be applied to the compensatory award if the employment tribunal can sensibly reconstruct the world as it would have been had the unfairness not occurred, and forms a view that the employee would have been dismissed in any case.

• Date:

  3 February 2006

  Type:

  Employment law cases

  Unfair dismissal: Appeal hearing evidence could be taken into account

  In Arriva North West & Wales v Colebourn, the EAT holds that the employment tribunal erred in excluding additional evidence that was adduced at a second internal appeal on the grounds that it could be taken into account only if there was a complete re-hearing.

• Date:

  16 December 2005

  Type:

  Employment law cases

  Constructive dismissal: Job description not sole determinant of duties

  In Land Securities Trilium Ltd v Thornley, the EAT holds that, when deciding whether there has been a change in job duties, the tribunal may look not only at how the duties were described in the employee's original job description, but also at the actual work she had been given.

• Type:

  Employment law cases

  Case round-up: Continuity of employment

  This week's case round-up from Eversheds, covering continuity of employment.

• Date:

  2 December 2005

  Type:

  Employment law cases

  Unfair dismissal: Dismissal on grounds of personality is fair despite technical competence

  In Perkin v St George's Healthcare NHS Trust, the Court of Appeal holds that an employment tribunal was entitled to make a 100% reduction to the compensation of a senior executive whose dismissal was procedurally unfair, on the basis that his conduct at the disciplinary hearing was such that it destroyed any possibility of him working with senior colleagues in the future.

• Type:

  Employment law cases

  Case round-up: Unfair dismissal

  This week's case round-up from Eversheds, covering unfair dismissal.

• Type:

  Employment law cases

  Case round-up

  Joe Glavina and Emma Slark at Addleshaw Goddard bring you a comprehensive update on the latest decisions that could affect your organisation, and provide advice on what to do about them.

• Date:

  28 October 2005

  Type:

  Employment law cases

  Constructive dismissal: Failure to conduct proper risk assessment can be repudiatory breach

  In Bunning v G T Bunning & Sons Ltd, the Court of Appeal holds that the tribunal was correct to find the employer in breach of its obligation to carry out a risk assessment for a pregnant worker under reg.16 of the Management of Health and Safety at Work Regulations 1999.