All items: Termination of employment

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  AB v A Chief Constable [2014] EWHC 1965 HC (1 report relating to this case)

  • Case round-up

    Date:

    1 September 2014

    Gerri Hurst, Sinead Keenan, Carly Mather, Joelle Parkinson and Mark Rose are associates at Addleshaw Goddard LLP. They round up the latest rulings.

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  Abrahams v Performing Rights Society [1995] IRLR 486 CA (1 report relating to this case)

  • Contracts of employment: Contractual entitlement to payment in lieu of notice

    Date:

    1 September 1995

    In Abrahams v The Performing Right Society Ltd, it is held that there is no duty to mitigate where an employment contract provides for termination on payment of a sum in lieu of notice.

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  Adeshina v St George’s University Hospitals NHS Foundation Trust [2015] IRLR 704 EAT (2 reports relating to this case)

  • Discipline: Flaws in disciplinary process were remedied by appeal proceedings

    Date:

    20 December 2015

    In Adeshina v St George's University Hospitals NHS Foundation Trust [2015] IRLR 704 EAT, the EAT held that flaws in disciplinary proceedings leading to a dismissal were remedied by the appeal process, and that the dismissal was fair.

  • Unfair dismissal: Acas guidance on composition of an appeal panel must be considered in context

    Date:

    15 July 2015

    The Employment Appeal Tribunal (EAT) has held that a dismissal was fair despite flaws in the first stage of the disciplinary process and in the composition of an appeal panel.

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  Albion Automotive Ltd and others v James Shaw and others [1995] EAT (1 report relating to this case)

  • Insolvency: Receivers not liable for unfair dismissal compensation

    Date:

    1 April 1996

    Compensation for unfair dismissal was not a liability "on" employees' contracts of employment "adopted" by administrative receivers, within the meaning of the Insolvency Act 1986, holds the EAT in Albion Automotive Ltd and others v Shaw and others.

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  Arbuthnot Pensions & Investments Ltd v Padden [2004] All ER (D) 165 (May) CA (1 report relating to this case)

  • Arbuthnot Pensions & Investments Ltd v Padden

    Date:

    31 December 2004

    In Arbuthnot Pensions & Investments Ltd v Padden [2004] All ER (D) 165 (May) CA, the Court of Appeal held that a judge was entitled to make a declaration that the respondent should be indemnified by Mr Padden against any liability that it might have incurred to a client in circumstances where Mr Padden had failed to invest the client's money as agreed and had used it for his own purposes. The Court of Appeal also upheld an award of damages equivalent to the commission that the respondent would have earned had the agreed investments been made.

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  Asamoah-Boakye v Walter Rodney Housing Association Ltd [2001] All ER (D) 320 (May) CA (1 report relating to this case)

  • Compromise agreements: Failure to agree all the terms of a compromise agreement was fatal

    Date:

    1 December 2001

    The Court of Appeal holds in Asamoah-Boakye v Walter Rodney Housing Association Ltd that there was no termination by mutual agreement where the parties failed to agree on all the terms of the agreement, including the incorporation of those terms into a valid compromise agreement, with the result that it was never signed by the parties.

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  Ashby v Moniz and another t/a La Baguette ET/1102901/2009 (1 report relating to this case)

  • Employee's angry words after unequivocal dismissal did not mean she resigned

    Date:

    24 August 2010

    The interesting issue for the employment tribunal to decide in this case was whether an employee who got into an argument with her employer resigned or was dismissed.

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  Atherton v Bensons Vending Ltd ET/2411749/2018 (1 report relating to this case)

  • Social media misconduct: Dismissal without notice pay leads to wrongful dismissal

    Date:

    10 May 2019

    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.

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  Atkinson and others v Governors of St Michael's School EAT/142/98 (1 report relating to this case)

  • Construction of contract: Teachers without written contracts did not all have the same notice period

    Date:

    1 November 1999

    In Atkinson and others v Governors of St Michael's School, the EAT holds that an employment tribunal was wrong to imply into the employment contracts of teachers, only some of whose letters of appointment did not refer to notice, the notice clause in a standard-form contract by reference to which none of them had been appointed.

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  Bailey v R&R Plant (Peterborough) Ltd EAT/0370/10 (3 reports relating to this case)

  The Court of Appeal has dismissed the appeal against this EAT decision that, when an employer was informing an employee of the right to request not to retire under the repealed statutory default retirement procedures, it was required to cite para.5 of sch.6 to the Employment Equality (Age) Regulations 2006. However, the Court of Appeal did say that there was no requirement on the employer to inform the employee of the requirements of a valid request (R&R Plant (Peterborough) Ltd v Bailey [2012] IRLR 503 CA).

  • Unfair dismissal: Employer failed to comply with retirement formalities

    Date:

    18 January 2012

    In Bailey v R&R Plant (Peterborough) Ltd EAT/0370/10, the EAT held that the employer failed to comply with the retirement procedures in sch.6 to the Employment Equality (Age) Regulations 2006 when it failed to inform the employee that any request not to be retired had to be in writing and had to state that it was made under para.5(3) of sch.6.

  • Case round-up

    Date:

    1 July 2011

    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.

  • Statutory retirement procedures: employer must inform employee of conditions to make a valid request

    Date:

    24 May 2011

    The Employment Appeal Tribunal has held that, under the statutory default retirement procedures (now repealed), the employer must inform the employee of the essential conditions for exercising the right to request to work beyond the intended retirement date.