This week's case round-up from Eversheds, covering dismissal for refusing to accept new restrictive covenants.
In Royal and Sun Alliance Insurance Group plc v Payne, the EAT holds that the tribunal was correct to find that an employee with a contractual retiring age of 65 had been wrongfully and unfairly dismissed when his employer terminated his contract of employment at the age of 62.
Sally Logan, associate at Addleshaw Goddard, brings you a comprehensive update on the latest decisions that could affect your organisation, and provides advice on what to do about them.
In Kerry Foods Ltd v Lynch, the EAT holds that the tribunal had erred in finding that the claimant was constructively dismissed. Giving lawful notice cannot of itself constitute a breach of the implied term of trust and confidence. The employee had resigned prematurely.
In Scott & Co v Richardson, the EAT holds that the employment tribunal failed to apply the correct tests to discover whether the employer had some other substantial reason for dismissing the employee and substituted its own view of the evidence, leading to the conclusion that the employer had no other substantial reason for dismissal.
This week's case round-up from Eversheds, covering constructive dismissal for 'some other substantial reason'.
A model letter when you wish to obtain an employee's agreement to a proposed change to one or more terms of his or her employment contract.
In Armstrong and others v Newcastle upon Tyne NHS Hospital Trust, the EAT holds that female hospital ancillary staff who worked for different NHS trusts after the break up of a district health authority in 1991 could not rely on being in the "same employment" or on "common terms and conditions" of employment for the purposes of s.1(6) of the Equal Pay Act 1970 in an equal pay claim even though some of the NHS trusts had later re-amalgamated.
HR and legal information and guidance relating to varying employment contracts.