In order to establish a claim for constructive dismissal, an employee has to show that he or she resigned in response to a fundamental breach of contract by the employer – and must do so promptly, to avoid being regarded as having waived that breach. In Logan v Celyn House Ltd, the Employment Appeal Tribunal…
Manchester College v Hazel & Anor looks at when a dismissal relating to harmonisation of terms after a TUPE transfer will be fair, and when it is not, the appropriate remedy. The case arose after a contract for provision of education in the prison service was transferred under TUPE to a new provider. After the…
Listing of tribunal hearings is a perennial problem for all concerned, particularly if many witnesses are required. University Of East Anglia v Amaikwu was an appeal against the refusal of an application for an adjournment of a hearing of an unfair dismissal and discrimination claim by the respondent to the claim. The application was made…
In Gallop v Newport City Council the Employment Appeal Tribunal has held that an inadvertent disclosure while giving evidence that there had been “without prejudice” negotiations did not waive privilege, and a tribunal should not have taken them into account when assessing an award of compensation. The point came out of an unfair dismissal case…
Nejjary v Aramark Ltd is a reminder that a tribunal is only entitled to take into account the reasons given by an employer when deciding whether a dismissal is within the reasonable range of responses to misconduct, and should not take into account other matters disregarded by the employer. In this case a hospitality manager…
Tribunal judges have the power and are encouraged to deal robustly with weak and vexatious claims (or indeed defences – sauce for the goose…), and in doing so are likely to be critical of the conduct of the case by the party in question. However, they must take care not to overstep the mark and…
In the 2007 case Madarassy v Nomura International the Court of Appeal remarked that: "The bare facts of a difference in status and a difference in treatment only indicate a possibility of discrimination. They are not, without more, sufficient material from which a tribunal ‘could conclude’ that, on the balance of probabilities, the respondent had…
Proposals regarding settlement agreements from earlier this year have been fleshed out in a new government paper. Avid readers will recall talk of “protected conversations” – these seem to have died a death for now. The Government’s response to consultation seems to accept that such a concept could add to the administrative burdens on employers…
As most readers are no doubt aware national minimum wage rates were subject to their usual increase on 1 October. The main rate has increased from £6.08 to £6.19. The rates for workers aged 16-17(£3.68) and 18-20 (£4.98) are unchanged this year. The apprentice rate has increased from £2.60 to £2.65 and the accommodation offset…