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Anthony v Dyson Ltd

By |2019-12-15T13:39:03+00:00September 13th, 2019|Constructive Dismissal|

Hello and welcome back to your case law update. Last week we had our monthly employment law update which had features on Dominic Cummings, Emma Watson launching a sexual harassment helpline and pet bereavement leave. Going back further, our previous case law update focused on calculating holiday pay. This week, we have two cases, one […]

Okedina v Chikale: Can a contract tainted by illegality prevent an employee from bringing an employment tribunal claim?

By |2019-12-30T11:30:27+00:00August 8th, 2019|Contract of Employment, Employee Advice, Illegality, Right to Work in the UK|

This case is about domestic workers and asks: Can a contract tainted by illegality prevent an employee from bringing an employment tribunal claim? Ms Okedina, the Respondent, was a Malawian national who lived and worked in the UK. Ms Chikale, the Claimant, had worked for the Respondent in Malawi looking after the Respondent’s parents. The […]

Brown & Anor v Neon Management Services Ltd & Anor

By |2019-12-30T11:33:17+00:00February 25th, 2019|Breach of Contract, Restictive Covenants|

This week we are once again looking at covenants (groans) but this time through the lens of wrongful dismissal. The question this week is: Can an employer enforce post-termination restrictions against an employee who has been wrongfully dismissed? Can the length of a notice period affirm a breach of contract? The Claimants, Mr Brown, Ms […]

Scicluna v Zippy Stitch Ltd & Ors

By |2019-12-30T11:47:21+00:00June 14th, 2018|Breach of Contract, Contract of Employment, Pay|

Good morning and welcome back to your weekly case law update. Last week we looked at unfair and wrongful dismissal, this week we have two cases. One will be looking at unlawful deductions from wages and the other is the Supreme Court ruling in the gig economy/employment status case of Pimlico Plumbers. Section 13 of […]

Mbubaegbu v Homerton University Hospital

By |2019-12-24T16:04:23+00:00June 8th, 2018|Case of the Week - Blog, Unfair Dismissal|

Hello and welcome back to your weekly case law update.  Last week’s newsletter had features on the World Cup, dress code policies, the post-Brexit workforce and a barrister who was sacked for spanking. Prior to that, our most recent case law update concerned disability discrimination, unfair dismissal and a teacher who showed the film “Halloween” […]

Arnold Clark Automobiles Ltd v Spoor – Dismissed For Gross Misconduct

By |2019-12-27T17:02:51+00:00June 9th, 2017|Contributory Fault, Gross Misconduct, Unfair Dismissal|

Welcome back to your weekly update just what you need to cheer you up! The case we are discussing today shows the possible problems when common law and statute interact with gross misconduct. Particularly on the question of summary dismissal for gross misconduct. Summary dismissal is a common law concept which has evolved in the context […]

House of Fraser v Christofidou – Can inconsistent evidence amount to breach of trust?

By |2019-12-27T18:32:02+00:00March 4th, 2016|Contributory Fault, Polkey Deduction, Unfair Dismissal|

It’s that time of the week again. No. Not Friday. Case law update time! You might think last week’s newsletter celebrating the dawn of spring would lead to lighter, more cheerful cases. However, you thought wrong as this week’s case concerns theft, breach of trust, gross misconduct and eBay. Today’s question: Can inconsistent answers during a disciplinary […]