Updated to reflect that the Court of Appeal will not hear the appeal in Awan v ICTS UK Ltd because the parties reached a settlement.
In Retirement Security Ltd v Wilson, the Employment Appeal Tribunal held that the employer's "flawed" disciplinary investigation entitled the claimant to resign and successfully claim constructive dismissal.
In Upton-Hansen Architects Ltd v Gyftaki, the Employment Appeal Tribunal upheld the tribunal decision that the employee's suspension was in breach of the implied term of trust and confidence. The employee was constructively dismissed and, in the absence of a potentially fair reason, the dismissal was unfair.
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 Antuzis and others v DJ Houghton Catching Services Ltd and others, the High Court held that the director and company secretary were both jointly and severally liable for the employer's statutory and contractual breaches.
Although a recent Court of Appeal decision concerning suspension in relation to safeguarding concerns provides an element of reassurance for employers, consultant editor Darren Newman explains why suspension should still be used only sparingly.
In London Borough of Lambeth v Agoreyo, the Court of Appeal held that the proper test for the courts for deciding if an employee's suspension breached the implied term of trust and confidence is whether or not the employer's decision to suspend was a "reasonable and proper" response to the allegations.
We discuss the implications for employers of the recent EAT decision in Awan v ICTS UK Ltd, which illustrates the risks for employers of dismissing an employee who is in receipt of permanent health insurance payments.
With the Court of Appeal due to hear the appeal against the High Court decision in Agoreyo that the suspension of a teacher was a repudiatory breach of contract, consultant editor Darren Newman looks at the issue of suspension when it relates to safeguarding concerns.
In Awan v ICTS UK Ltd, the Employment Appeal Tribunal (EAT) held that an implied term of the contract of employment prohibited the employer from dismissing the employee for medical capability while he was entitled to receive long-term disability benefits.
HR and legal information and guidance relating to breach of contract.