Notice periods
In Atherton v Bensons Vending Ltd, an employment tribunal held that a small employer fairly dismissed an employee who made a personal attack on the managing director on Facebook. However, the claimant's wrongful dismissal was upheld because the employer could not show that his behaviour was so serious that it was entitled to dismiss him without notice pay.
In Lancaster & Duke Ltd v Wileman, the Employment Appeal Tribunal (EAT) held that an employee who was dismissed for gross misconduct could not extend her length of service by the statutory minimum notice period to allow her to qualify to bring a claim of unfair dismissal.
In Newcastle upon Tyne Hospitals NHS Foundation Trust v Haywood, the Supreme Court held that, where an employee was dismissed by letter, her notice period began when she read the letter, or had a reasonable opportunity to do so.
Neil Window is a trainee solicitor, Heather Marsh, Carly Mather, Associate and David Rintoul are associate solicitors, and Catherine Barker is managing associate at Addleshaw Goddard LLP. They round up the latest rulings.
This week's case of the week, provided by DLA Piper, covers notification of termination of employment and pay in lieu of notice.
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.
Claire Benson is managing associate and Helen Corbett, Sinead Jones, Helen Ward and Tori O'Neil are associates at Addleshaw Goddard LLP. They round up the latest rulings.
Niki Walker, managing associate at Addleshaw Goddard, details the latest rulings.
In Kücükdeveci v Swedex GmbH & Co KG [2010] IRLR 346 ECJ, the ECJ held that German law that excludes employment below the age of 25 when calculating minimum statutory notice periods based on length of service amounts to unjustified age discrimination contrary to the Equal Treatment Framework Directive.
Employment law cases: HR and legal information and guidance relating to notice periods.