On appeal: TUPE, stress and employee handbooks

This report relates to 3 case(s)

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  Briscoe v Lubrizol Ltd [2002] IRLR 607 CA (1 other report)

  • Contracts of employment: Dismissal for "good cause" terminates long-term sickness benefits

    Date:

    10 January 2003

    An employee on long-term sick leave who failed to maintain communication with his employer regarding his continued absence, and who had not provided continuous medical certificates, was lawfully dismissed so as to terminate any entitlement to benefits under the employer's permanent health insurance scheme, the Court of Appeal holds in Briscoe v Lubrizol Ltd.

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  Rossiter v Pendragon plc [2002] IRLR 483 CA (1 other report)

  • Transfer of undertakings: Usual constructive dismissal test applies in transfers cases

    Date:

    22 July 2002

    In Rossiter v Pendragon plc, the Court of Appeal holds that, in the context of a transfer of an undertaking, an employee cannot claim constructive dismissal under s.95(1)(c) of the Employment Rights Act 1996 on the basis that a substantial and detrimental change has been made to his or her working conditions, without showing that the employer has acted in repudiatory breach of contract.

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  Young v Post Office [2002] IRLR 660 CA (2 other reports)

  • Employers have duty of care for stress returnees

    Date:

    2 July 2002

    The onus is on the employer to ensure workload is appropriate when staff return from sick leave due to stress, rules the Court of Appeal.

  • Case roundup: stress claims and holiday pay funds

    Date:

    21 May 2002

    This week's case roundup from Eversheds, covering stress claims and holiday pay funds.