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Editor's message: The termination of a worker's employment is among the most sensitive tasks you and line managers within your organisation will face. Common reasons for employment ending include:
Stephen Simpson, principal employment law editor
Updated to include information on O’Brien v Ministry of Justice, in which the Supreme Court referred to the European Court of Justice the question of the retrospective application of the Part-time Workers Directive and pension calculation.
Updated to include information on Walker v Innospec Ltd and others, in which the Supreme Court considered entitlement to pension benefits for same-sex partners.
The Court of Appeal upheld the decision of the employment tribunal that disclosures made by a worker satisfied the "public interest" requirement for protection under the whistleblowing provisions of the Employment Rights Act 1996. The disclosures related to a breach of the employment contracts of 100 senior managers, including the whistleblower.
Updated to include information on Chesterton Global Ltd & another v Nurmohamed, in which the Court of Appeal ruled on the public interest test for a protected disclosure.
The employment tribunal held that the claimant's former employer committed discrimination arising from disability after providing details of his sickness absence levels to a prospective employer and stating that it would not re-employ him.
The Employment Appeal Tribunal (EAT) has held that, on the particular facts, the employee's dismissal for 20 months' unauthorised absence was unfair.
The Employment Appeal Tribunal (EAT) has held that, in assessing the employer's justification defence, the tribunal had failed to adopt a holistic approach and consider an age-related cap on redundancy payments within the broader context.
Updated to include information on the repayment of contractual redundancy pay for very senior managers returning to the NHS within 12 months.
Kirsti Laird is senior associate at Charles Russell Speechlys. She rounds up the latest rulings.
In this week's podcast, we offer practical advice on how to identify a fair selection pool during a redundancy process.
HR and legal information and guidance relating to termination of employment.