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Human rights law has no significant impact on test for unfair dismissal rules Court of Appeal

Kennedys
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United Kingdom
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November 16 2012

The Court of Appeal has ruled today that an employee dismissed for issuing irregular and invalid train tickets for personal gain could not invoke human rights law in support of her claim for unfair dismissal

Can an employer be vicariously liable for acts of detriment on the grounds of whistleblowing?

Kennedys
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United Kingdom
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November 29 2011

The Court of Appeal has recently considered the issue of whether, where a group of employees treats another employee unfavourably because they have made a protected disclosure under the whistleblowing legislation, an employer can be vicariously liable for these actions

When is a reference unfair?

Kennedys
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United Kingdom
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November 29 2011

The Court of Appeal has recently considered the issue of when a reference provided about an individual to a prospective employer will be unfair and held that the inclusion of a cautionary remark about the individual will not necessarily be unfair providing the reference is otherwise true and accurate

Workers on sick leave must request holiday in order to be paid for it

Kennedys
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United Kingdom
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November 29 2011

The EAT has decided that employees on long-term sick leave must actually take holiday or request to take holiday in order to be paid in respect of their statutory holiday entitlements

Notice of termination issued by mistake could not be withdrawn by the employer

Kennedys
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United Kingdom
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November 29 2011

In C.F.Capital PLC v Willoughby, the employer had told the employee that it was considering asking staff to become self-employed in order to avoid redundancies

Unfair dismissal and varying terms and conditions of employment

Kennedys
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United Kingdom
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September 26 2011

The Employment Appeal Tribunal (EAT) has held that where an employer had sought to change the terms of employment and had made an offer to "buy out" some of the existing terms and warned that refusal would result in dismissal with an offer of re-engagement on new terms, the employer had not acted unfairly when it terminated the existing contracts and offered re-engagement on terms that did not include the "buy out" payment

“Ex gratia” termination payments: getting the label right

Kennedys
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United Kingdom
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July 27 2011

The EAT recently handed down its decision in the case of Publicis Consultants v O’Farrell, in which the employer (“Publicis”) was found to be in breach of contract in respect of a failure to pay notice pay to a departing employee, even though it had in fact made payment of an equivalent sum of money to the employee

Striking out discrimination claims on the grounds of no reasonable prospects of success

Kennedys
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United Kingdom
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July 27 2011

In the recent case of Community Law Clinic Solicitors v Methuen the Employment Appeal Tribunal considered the test for whether a claim should be struck out at the pre-hearing review stage of Employment Tribunal proceedings as having no reasonable prospect of success

Employer’s liability for harassment carried out by a third party

Kennedys
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United Kingdom
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July 27 2011

The Employment Appeal Tribunal (“EAT”) has recently held that a council was responsible for acts of racial harassment carried out against one of its employees by a child in its care on the basis that it had not done enough to protect the employee

Medical evidence in ill health dismissals how much is enough?

Kennedys
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United Kingdom
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June 27 2011

In the recent case of DB Schenker Rail (UK) Ltd v Doolan the EAT considered the extent of investigation by an employer into an employee’s medical condition in order to fairly dismiss them on ill health grounds

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Jurisdiction - United Kingdom
Workarea - Litigation
Workarea - Employment & Labor
Firm Name - Kennedys
Author - Allan Finlay

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