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10 June 2020 / Ian Smith
Issue: 7890 / Categories: Features , Employment
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Employment law brief: 10 June 2020

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Ian Smith takes a gander at short, precise, but nonetheless important aspects of both common & statutory law
  • Wrongful or unfair?
  • Status of the proverbial last straw.
  • Re-engagement not an ‘order’.
  • TUPE-related changes void, even if to the employee’s advantage.
  • When does a new employee start work?

Unlike some recent Briefs which have covered cases concerning broad issues of principle or policy (eg the recent Supreme Court cases reassessing vicarious liability), this month’s Brief looks at five cases concerning short, precise but important aspects of both common law and statutory law in the employment context, namely the difference between wrongful and unfair dismissal, ‘last straw’ constructive dismissal, the limitations of an ‘order’ for re-engagement, TUPE-related changes to employment contracts and the start date for new employment.

Wrongful or unfair?

East Coast Main Line Co Ltd v Cameron UKEAT/0212/19 is a good case example of the difference between wrongful dismissal and unfair dismissal and the importance of keeping them separate for most purposes. The claimant was summarily

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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
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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

NLJ this week: Estoppel crosses borders
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
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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
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