Case report round-up: "Ex gratia" termination payment was not pay in lieu of notice
XpertHR's latest case reports cover:
- Disability discrimination: Change to redundancy selection criteria was not reasonable adjustment In Lancaster v TBWA Manchester EAT/0460/10, the EAT held that the employer did not breach its statutory duty to make reasonable adjustments by using redundancy selection criteria that disadvantaged a disabled employee. (Employment Review)
- Breach of contract: "Ex gratia" termination payment was not pay in lieu of notice In Publicis Consultants UK Ltd v O’Farrell EAT/0430/10, the EAT held that a termination payment calculated by reference to the employee’s contractual notice period, but labelled "ex gratia", did not meet the employer’s obligation in respect of notice pay. (Employment Review)
- Statutory retirement: Letter notifying retirement dismissal should be given its natural meaning In Howard v Campbell's Caravans Ltd EAT/0609/10, the EAT held that a retirement notice that stated that the employee would cease work “after” his 65th birthday constituted valid notification under the (now defunct) statutory retirement procedure. (Employment Review)
Also
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Week beginning 19 December 2011
Week beginning 12 December 2011
Week beginning 5 December 2011