In a recent case before the Employment Appeal Tribunal (EAT), it was held that when considering a claim for constructive dismissal, a fundamental breach of contract can be found even where an employer’s actions do not indicate an intention to end the employment relationship.
The pandemic has changed the working world and influenced working practices. Last week, the UK’s largest four-day working week trial commenced, with more than 3,300 workers from 70 companies taking part. Unlike part-time working, where employees work less hours for reduced pay, the ‘4 Day Week Campaign’ will see employees work 80% of their usual hours for the same pay, with an expectation to maintain the same productivity and output levels that would be achieved over five days.
The Employment Appeal Tribunal (‘EAT’) has recently overturned a decision of the Employment Tribunal (‘ET’) which struck out a claim for unfair dismissal brought by an employee who was voluntarily redundant. The case emphasises that employers may still face liability for unfair dismissal, even where an employee has requested voluntary redundancy.
It was announced on 28 March 2022, by the Presidents of the Employment Tribunals, that the bands for injury to feelings awards, the so-called Vento Bands, are to be increased in England, Wales and Scotland. The new bands, as detailed below, are set to come into effect on or after 6 April 2022.
In the recent case of Law By Design Ltd v. Ali, the High Court confirmed that a 12 month non-compete restrictive covenant must be no wider than is necessary to protect the business interests, and can be more enforceable the more narrowly drawn the clause is.
In the recent case of Fentem v Outform EMEA Ltd, the EAT has confirmed that where an employee has resigned on notice, the bringing forward of their termination date and paying in lieu of notice, does not amount to a dismissal.
The Court of Appeal has held in the case of Kocur v Angard Staffing Solutions Limited and others that regulation 13(1) of the Agency Workers Regulations (the Regulations) goes no further than conferring a right on an agency worker to be notified of relevant vacant posts.
The High Court held in Nissan v Passi that a whistleblower is not entitled to remove confidential legal documents from their employer for the purpose of taking legal advice.
The Employment Appeal Tribunal in the case of Citizens Advice Merton and Lambeth Ltd v Mefful have recently found that it was wrong for a tribunal to consider events after a decision to dismiss had been taken, when considering a claim of unfair dismissal.
The Court of Appeal in the case of Smith v Pimlico Plumbers Ltd has held that a worker can carry over leave that has been taken, but not paid.
