In Abellio London Ltd (formerly Travel London Ltd) v Musse and others; CentreWest London Buses Ltd v Musse and others  IRLR 360 EAT, the EAT held that the employment tribunal had been entitled to uphold claims that employees who resigned because of a TUPE transfer that involved a significant change in their place of work had been subjected to a substantial change in working conditions giving rise to a material detriment. They had therefore been unfairly dismissed pursuant to reg.4(9) of the TUPE Regulations 2006.
The Employment Appeal Tribunal has held that an employer was in fundamental breach of contract when it indicated to an employee on long-term sick leave its settled intention to reduce his sick pay by 50%, which was in breach of a collective agreement.
A retailer with branches on Oxford Street and Piccadilly forced a Muslim employee who came to work wearing a headscarf to resign because it wanted to retain its "trendy" image, the employment tribunal in this case found.
The Employment Appeal Tribunal has held that the employment tribunal was entitled to find that an employee was not constructively dismissed when he resigned after his manager unjustly took disciplinary action against him that was dropped after a swift and fair-minded investigation.
In holding that an employer did not fundamentally breach an employee's contract by failing to make her redundant, the Employment Appeal Tribunal has suggested that a redundancy situation will not arise where there is only a diminution in an employer's need for particular work to be carried out, rather than a reduction in the number of employees required to do that work.
In the wake of the employment tribunal decisions in Michalak v Mid Yorkshire Hospitals NHS Trust and Browne v Central Manchester University Hospitals NHS Trust, in which former employees were awarded compensation of nearly £4.5 million and £1 million respectively, these five cases address various employment disputes that arose in the NHS.
Dinu Suntook, Cane Pickersgill and Poppy Fildes are all associates at Addleshaw Goddard. They round up the latest rulings.
The Employment Appeal Tribunal has held that employees who resigned after being faced with a change of place of work to a different part of London because of a TUPE transfer were constructively dismissed.
David Malamatenios and Georgina Kyriacou are partners, and Krishna Santra, Colin Makin and Sandra Martins are associates at Colman Coyle Solicitors. They round up the latest rulings.
HR and legal information and guidance relating to constructive dismissal.