Related insights: Executive Recruitment and Termination
Non-executive directors jointly and severally liable for £2 million whistleblowing claim by ex-CEO
01 Nov 2018
In Timis and another v Osipov [2018] EWCA Civ 2321, the Court of Appeal decided that two non-executive directors were jointly and severally liable with the company for a £2 million whistleblowing claim brought by its former CEO.
ET judgments sent to the wrong address - when does the clock start ticking?
03 Oct 2018
In this article we consider the recent decision of the Court of Appeal in Rana v London Borough of Ealing and Bonnie v DWP. That case looked at when Employment Appeal Tribunal (EAT) time limits start to run in a case where an Employment Tribunal (ET) sends its judgment to the wrong person or address.
When does giving notice to leave a job amount to a resignation?
20 Sep 2018
We consider the recent decision of the Employment Appeal Tribunal (EAT) in East Kent Hospitals University NHS Foundation Trust v Levy UKEAT/0232/17, where the EAT decided whether a letter from the employee providing one month's notice should automatically be interpreted as a letter of resignation.
Did working a lengthy notice period mean employees had accepted the employer's breach of contract?
30 Aug 2018
In Brown and others v Neon Management Services Ltd and another [2018] EWHC 2137, the High Court found that, while the act of giving and working a substantial period of notice amounted to an affirmation of the employment contract, subsequent breaches by the employer amounted to a fundamental breach, which allowed the employees to resign with immediate effect and released them from their restrictive covenants.
Enhanced criminal records certificates can contain details of acquittals
02 Aug 2018
In R (on the application of AR) v Chief Constable of Greater Manchester Police and another [2018] UKSC 47, the Supreme Court upheld a decision dismissing an application for judicial review brought after details of an individual's acquittal for rape were disclosed to prospective employers in enhanced criminal records certificates.
Do cross-border TUPE transfers give employees the right to insist on "golden relocations"?
14 Jun 2018
In Xerox Business Services Philippines Inc Ltd v Zeb (UKEAT/0121/16), the Employment Appeal Tribunal (EAT) considered an employee's insistence on retaining his UK pay upon proposed relocation. The issue arose when a UK company's finance function was moved to its Philippines-based sister company, rendering the UK finance staff potentially redundant.
Dismissal of orthopaedic surgeon is bone of contention
31 May 2018
In Mbubaegbu v Homerton University Hospital NHS Foundation Trust, the Employment Appeal Tribunal had to decide whether a series of misconduct issues could justify a dismissal for gross misconduct.
Constructive dismissal: the last straw needs to be a big stick
17 May 2018
In the recent case of Kaur v Leeds Teaching Hospitals NHS Trust [2018] EWCA Civ 978, the Court of Appeal reviewed and clarified the law on constructive unfair dismissal, in particular cumulative or "last straw" type cases.
When will an employer be assumed to know that an employee is disabled?
22 Feb 2018
If an employee is disabled, an employer has a duty to make reasonable adjustments for them, under the provisions of the Equality Act 2010. That duty only arises if the employer either knows, or could reasonably be expected to know (para 20 Schedule 8 EqA) that the individual has a disability, and is "likely to be placed at a disadvantage" in comparison to someone who does not have a disability.
Perception is reality?
08 Feb 2018
In the case of Chief Constable of Norfolk –v- Coffey (UKEAT/0260/16/BA), the Employment Appeal Tribunal has confirmed that an employer directly discriminated on the ground of disability where it perceived that an employee's hearing loss may well become a disability in the future.
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