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14 March 2008
Issue: 7312 / Categories: Case law , Law digest
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EMPLOYMENT LAW

Webb v Airbus UK Ltd [2008] EWCA Civ 49, [2008] All ER (D) 94 (Feb)

Under s 98(4) of the Employment Rights Act 1996 (ERA 1996), it is open to a tribunal to find that a dismissal for misconduct was fair, even though the employer took account of the employee’s previous similar misconduct, which had been the subject of an expired final warning.

The question to be determined under s 98(4) is whether or not the employer had acted reasonably or unreasonably in treating the reason for dismissal as a sufficient reason for dismissing the employee. The fact that the warning had expired did not make the earlier misconduct an irrelevant circumstance under s 98(4).

 

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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
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