Employment Law Cases

Objection to TUPE transfer

An employee who objected to a TUPE transfer involving a detrimental change in his working conditions was dismissed by the transferor.

Constructive dismissal: relevance of employee's conduct

An employee’s failure to exhaust the employer’s grievance procedure was not relevant when considering whether the employer’s conduct amounted to a breach of the implied term of mutual trust and confidence, entitling the employee to resign and claim unfair constructive dismissal.

Protected conversations and impropriety

Pre-termination discussions were inadmissible in an unfair dismissal claim because they constituted a ‘protected conversation’ and were not tainted with impropriety.

The Court of Appeal holds that employers do not have to conduct general workforce consultation for an individual redundancy dismissal to be fair. It overturns the EAT decision which suggested that consulting employees individually is not sufficient, even if collective consultation obligations do not apply.

Fire and rehire: implied terms and injunctions

An employer was not entitled to dismiss and offer to re-engage certain of its employees on new terms (fire and rehire) to remove pay protection it had referred to as ‘permanent’. An earlier injunction preventing it from doing so was reinstated.

Job redesign and breach of contract

A CEO’s decision to take core responsibilities away from a senior employee and transfer them to others amounted to a repudiatory breach of her employment contract justifying her decision to leave and entitling her to damages.

Redeployment and fairness of dismissal

Although on the facts of this case failure to consider redeployment did not amount to a failure to make reasonable adjustments, the tribunal should have considered the issue of redeployment when deciding the fairness of a dismissal, even though it hadn’t been raised by the claimant.

Volunteers and employment status

A volunteer in the Maritime and Coastguard Agency was a worker when undertaking remunerated activities, despite copious references in his documentation to him being a volunteer.

Whistleblowing and detriment claims

In whistleblowing detriment claims, a tribunal should not look behind the motive of the decision maker to consider whether a third party was manipulating the situation.

Industrial action and protection from detriment

The Trade Union and Labour Relations (Consolidation) Act 1992, which protects workers from detriment for taking part in trade union activities, does not provide protection from detriment for participating in lawful strike action – and this lack of protection is incompatible with the right to strike under art. 11 of the European Convention on Human Rights.

Whistleblowing dismissal and detriment

A whistleblowing claim cannot succeed if the employer doesn’t know at least something about the substance of the protected disclosure that’s been made.

Trial periods and reasonable adjustments

Where a disability places an employee at the substantial disadvantage that they cannot continue in their present job, and are at risk of imminent dismissal, there is no rule of law that it cannot be a reasonable adjustment to give them a trial period in a new role.

Seeking to take parental leave

On a straightforward reading of the relevant regulations, there was no absolute requirement that an employee must have given notice to take parental leave for them to have ‘sought’ to take parental leave.

Working from home and the return to the office

A senior employee’s request to work permanently from home was justifiably rejected by her employer, despite the fact that she had successfully been doing so since the start of the pandemic.

Settlement agreements and future claims

Unknown future claims arising under the Equality Act 2010 may be waived in a settlement agreement provided that the types of claims are clearly identified.

  • Page 1 of 5
  • 1
  • 2
  • 3
  • 4
  • 5