In Kurumuth v NHS Trust North Middlesex University Hospital EAT/0524/10, the EAT upheld an employment tribunal’s decision that an employer was entitled to dismiss an employee when it was unable to obtain satisfactory evidence of her right to work in the UK.
This week's case of the week, provided by DLA Piper, covers unfair dismissal.
The High Court has listed some of the factors that a court may take into account when determining whether or not a provision, for example a provision in a disciplinary procedure, is apt for incorporation into an employee's contract of employment.
The Employment Appeal Tribunal has held that the tribunal was wrong to uphold a wrongful dismissal claim where the employee was summarily dismissed for a persistent and deliberate refusal to comply with a reasonable management instruction.
This week's case of the week, provided by DLA Piper, covers the National Minimum Wage.
The Employment Appeal Tribunal has confirmed that an agreed variation of an employment contract following a TUPE transfer is effective where the transfer is not the sole or principal reason for the variation.
The Employment Appeal Tribunal has held that, where an employer offers an incentive to employees to secure agreement to variation of their contracts, it is reasonable not to offer that benefit as part of an offer of re-engagement following dismissals for failure to agree.
The employer in this case wanted to make a blanket variation to its workforce's contractual notice periods. However, the employer got itself into the difficult position of varying the claimant's notice period, while the rest of the workforce refused the change.
HR and legal information and guidance relating to contracts of employment.