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Unfair dismissal

New and updated

  • Date:
    21 April 2006
    Type:
    Employment law cases

    Employment status/agency workers: Implied employment contract found between worker and end user

    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.

  • Type:
    Employment law cases

    Polkey's place in the modern world

    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.

  • 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.