Unfair dismissal

New and updated

• Date:

  30 September 2005

  Type:

  Employment law cases

  Constructive dismissal: Lawful termination not a breach of trust and confidence

  In Kerry Foods Ltd v Lynch, the EAT holds that the tribunal had erred in finding that the claimant was constructively dismissed. Giving lawful notice cannot of itself constitute a breach of the implied term of trust and confidence. The employee had resigned prematurely.

• Date:

  16 September 2005

  Type:

  Employment law cases

  Unfair dismissal: Perceived commercial interest key to 'SOSR'

  In Scott & Co v Richardson, the EAT holds that the employment tribunal failed to apply the correct tests to discover whether the employer had some other substantial reason for dismissing the employee and substituted its own view of the evidence, leading to the conclusion that the employer had no other substantial reason for dismissal.

• Type:

  Employment law cases

  Case round up

  Judith Harris of Addleshaw Goddard brings you a comprehensive update on the latest decisions that could affect your organisation, and provides advice on what to do about them.

• Date:

  12 August 2005

  Type:

  Employment law cases

  Unfair dismissal: Refusal to sign unreasonable restrictive covenant not fair reason for dismissal

  In Forshaw and others v Archcraft Ltd, the EAT holds that the employment tribunal erred in holding that a dismissal for refusing to sign a contract of employment that contained an unreasonable restraint of trade clause was for "some other substantial reason".

• Type:

  Employment law cases

  Case round-up: Some other substantial reason

  This week's case round-up from Eversheds, covering constructive dismissal for 'some other substantial reason'.

• Type:

  Employment law cases

  Case round-up: Constructive dismissal

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

• Type:

  Employment law cases

  Case round up

  Karen Smith and Sophy Robinson of 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.

• Type:

  Employment law cases

  Case round-up: Unfair dismissal

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

• Date:

  25 March 2005

  Type:

  Employment law cases

  Unfair dismissal: Employee need not give credit for monies earned during notice period

  In Voith Turbo Ltd v Stowe, the EAT holds that, applying the principles established in Norton Tool Co Ltd v Tewson, the tribunal was entitled to find that an unfairly dismissed employee did not have to give credit for earnings achieved during the period covered by notice pay made by his former employer.

• Date:

  14 January 2005

  Type:

  Employment law cases

  Constructive dismissal: Alleged pay rise promised at Christmas party not enforceable

  In Judge v Crown Leisure Ltd, the EAT holds the tribunal did not err in law in deciding, as a matter of factual analysis, that a conversation between the applicant and his manager at a staff Christmas party did not amount to an enforceable promise to increase his pay, but were merely words of comfort.