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

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
back-to-top-scroll