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8th June 2012

Payment in lieu of notice is payable where gross misconduct emerges after termination

In Cavenagh v William Evans Ltd [2012] EWCA Civ 697 the employer argued that Mr Cavenagh was not legally entitled to recover his contractual payment in lieu of notice due to the fact that they had subsequently discovered misconduct by him that amounted to a repudiatory breach of contract. The…
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8th June 2012

Not reasonably practicable to bring claim when given wrong time-limit information

In Andrews v Kings College Hospital NHS Foundation Trust and another UKEAT/0614/11 the Employment Appeal Tribunal found that where an employer mistakenly informs an employee that the time limit to bring a claim at the Employment Tribunal is six months and the employee relies upon that information…
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8th June 2012

Failure to take into account length of service is not age discrimination

In the case of Tyrolean Airways Tiroler Luftfahrt GmbH v Betriebsrat Bord the European Court of Justice has held that requiring three years' service in a particular company before an employee is eligible for promotion is not age discrimination.  The employer's refusal to take into account service…
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8th June 2012

Public sector worker seeks to establish that echr extends liability beyond statutory unfair dismissal scheme

In the case of (R) Bakhsh v Northumberland Tyne and Wear NHS Foundation Trust [2012] EWHC 1445 the Claimant applied for judicial review of the Trust's decision not to re-engage him on the basis that, as a public body, section 6 of the Human Rights Act 1998 required the Trust to act compatibly with…
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13th June 2012

Settlement Agreements' to be "Without Prejudice" even where no reason to dismiss has arisen

At the second reading of the Enterprise and Regulatory Reform Bill on 11 June 2011, the Business Secretary announced that businesses will be able to offer employees a settlement agreement to terminate their employment without any risk of it being used as a basis for constructive unfair dismissal…
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19th June 2012

Update on the Enterprise and Regulatory Reform Bill 2012-13

The Public Bill Committee meets for the first time today (19 June 2012) to scrutinise the Enterprise and Regulatory Reform Bill, which had its second reading on 11 June. We already know that compensated no-fault dismissals, as recommended in the Beecroft report, will not feature in the Bill. …
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19th June 2012

Beware effective date of termination on appeal against summary dismissal

In Hawes & Curtis Ltd v Arfan and another UKEAT/0229/12 the EAT dismissed an appeal by the employer that the claims had been brought out of time, since although the employer’s appeal panel had upheld the decision to terminate the claimants’ employment by summary dismissal, they changed the…
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19th June 2012

Procedurally Unfair Dismissal

In Governing Body of Tubbenden Primary School v Sylvester UKEAT/0527/11 the EAT has confirmed that a potentially fair dismissal of a teacher by her school for some other substantial reason (namely a loss of trust and confidence) was unfair because, considering reasonableness, the school had…
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22nd June 2012

Workers Entitled to Clawback of Sick Days from Annual Leave

In Asociación Nacional de Grandes Empresas de Distribución (ANGED) v Federación de Asociaciones Sindicales and ors the European Court of Justice has held that a worker is entitled to take paid annual leave which coincides with sick leave at a later time, irrespective of the point at which the…
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22nd June 2012

"Protected" Conversations: the big reveal

This week the government has published an amendment to the Enterprise and Regulatory Reform Bill which would prevent employment tribunals hearing claims of unfair dismissal from taking into account any offer made, or discussions held, with a view to an employee's employment terminating on agreed…
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