All items: Asserting a statutory right

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  (1) Perry's Motor Sales Ltd (2) Perry's Burnley Ltd v Lindley EAT/0616/07 (1 report relating to this case)

  • TUPE: Transferee that ordered pre-transfer dismissal liable for automatically unfair dismissal

    Date:

    15 September 2008

    In (1) Perry's Motor Sales Ltd (2) Perry's Burnley Ltd v Lindley EAT/0616/07, the EAT held that a transferee that ordered the pre-transfer dismissal of an employee who had previously brought proceedings against it was liable for automatically unfair dismissal regarding the assertion of a statutory right.

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  Ajayi and another v Aitch Care Homes (London) Ltd EAT/0464/11 (2 reports relating to this case)

  • Case round-up

    Date:

    1 June 2012

    Sinead Jones is an associate, and Phil Dupres and Beckie Howlett are trainee solicitors at Addleshaw Goddard. They round up the latest rulings.

  • Workers found sleeping at work not asserting right to rest break

    Date:

    18 April 2012

    The Employment Appeal Tribunal has held that the "refusal" or "proposed refusal" of a worker to accept his or her employer's contravention (or proposed contravention) of the Working Time Regulations 1998 (SI 1998/1833) must be communicated in advance to the employer. 

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  Armstrong v Walter Scott Motors (London) Ltd EAT/766/02 (1 report relating to this case)

  • Assertion of statutory rights: Employee was reasonably clear in asserting statutory holiday leave entitlement

    Date:

    1 November 2003

    In Armstrong v Walter Scott Motors (London) Ltd, the EAT holds that an employee was reasonably clear in asserting his statutory right to paid holiday entitlement under the Working Time Regulations 1998 when he pointed out to his employer that, contrary to what the company staff handbook said, he should not be forced to wait a year before being entitled to take paid holiday, and that this requirement in the handbook was "morally indefensible in this day and age".

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  Atkins v Coyle Personnel plc [2008] IRLR 420 EAT (1 report relating to this case)

  • Automatically unfair dismissal: Causal link between dismissal and paternity leave necessary

    Date:

    14 April 2008

    In Atkins v Coyle Personnel plc EAT/0206/07, the EAT held that, for an employee to claim successfully that his dismissal was related to the fact that he had taken paternity leave, there must be a causal link between the dismissal and the leave.

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  Clarke v Credit Resource Solutions ET/1809275/10 (1 report relating to this case)

  • Childcare emergency resulted in detriment and dismissal

    Date:

    10 March 2011

    Employees are protected against detriment and dismissal for taking time off for dependants, as the employer in this case found to its cost.

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  Cortest Ltd v O'Toole EAT/0470/07 (1 report relating to this case)

  • Time off for dependants: No right to time off for long-term care of dependants

    Date:

    28 July 2008

    In Cortest Ltd v O'Toole EAT/0470/07, the EAT held that the right to time off for dependants does not extend to one month's leave to care for a child.

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  Elizabeth Claire Care Management Group v Francis [2005] IRLR 858 EAT (1 report relating to this case)

  • Case round-up: Unfair dismissal

    Date:

    26 July 2005

    This week's case round-up from Eversheds, covering unfair dismissal for asserting a statutory right.

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  Khan v The Village Cuisine ET/2301248/09 & ET/2301811/09 (1 report relating to this case)

  • Failure to give employee correct duties was a fundamental breach of contract

    Date:

    5 July 2010

    A failure by an employer to give an employee correct duties can constitute a fundamental breach of contract, as this case demonstrates.

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  King v Gurso Plant & Linings Ltd ET/1301878/12 (1 report relating to this case)

  • Worker automatically unfairly dismissed for refusing to work more than 48 hours per week

    Date:

    12 September 2012

    In this case, the employment tribunal found that a worker, who had refused to work more than 48 hours per week, was automatically unfairly dismissed by his employer.

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  M-Choice UK Ltd v Aalders EAT/0227/11 (1 report relating to this case)

  • Unfair dismissal: summary dismissal during notice period alters effective date of termination

    Date:

    15 August 2011

    The Employment Appeal Tribunal has held that, where an employee on notice is summarily dismissed before accruing one year's service, he or she loses any right to claim ordinary unfair dismissal.