header-logo header-logo

18 September 2008 / Ian Smith
Issue: 7337 / Categories: Features , Employment
printer mail-detail

An antidote to summer

Ian Smith dissects the latest cases on dismissal law and TUPE transfers

Four cases in the last month are considered here, as an antidote for the wettest August on record (for anyone sad enough to find them a consolation).
Constructive dismissal and bad handling of grievances

Last year the decision of Lady Smith in Abbey National v Fairbrother [2007] IRLR 320, EAT, All ER (D) 24 (Jan) caused some surprise with its holding that the range of reasonable responses test should be applied to the question whether there had been a constructive dismissal, not just to the question whether (if so) it was fair. The matter arose in the context of a dispute over the handling of a grievance and had the effect that the employee would only succeed in establishing constructive dismissal if he could show that the employer had conducted the grievance in a way that no reasonable employer would have done. This is a significant tightening up of the test.

Claridge v Daler Rowney Ltd [2008] IRLR 320, EAT also concerned

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime specialist joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
back-to-top-scroll