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Case round-up: dismissals for gross misconduct and losses of opportunity to claim unfair dismissal

This report relates to 2 case(s)

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    Aspin v Metric Group Ltd [2004] All ER (D) 221 (Mar) HC (0 other reports)

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    Harper v Virgin Net Ltd [2004] IRLR 390 CA (2 other reports)

    • Damages: EDT is end of statutory notice in summary dismissals

      Date:
      21 May 2004

      In Harper v Virgin Net Ltd the Court of Appeal holds under s.97(2) of the Employment Rights Act 1996, where an employee is summarily dismissed, that employee's effective date of termination ("EDT") is only extended to the end of the statutory notice period to which he or she would have been entitled, and not to the end of their contractual notice period.

    • Case round up

      Date:
      1 April 2004

      Our resident experts at Pinsents bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them.

This week's case round-up from Eversheds covering: dismissals for gross misconduct and losses of opportunity to claim unfair dismissal.

No duty of care when giving reasons for dismissal

Aspin v Metric Group Limited, Queen's Bench Division, 11 March 2004

Aspin - a sales director - was made redundant, and told to clear his desk immediately. He took home some files and a computer to retrieve personal information (such as his income tax returns). They were returned a few days later, with no evidence to suggest he had copied the contents.