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25 Cards in this Set
- Front
- Back
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S 86 ERA |
Statutory minimum notice |
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Rai v Somerfield |
Ultimatum is not notice |
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Wilson v Racher |
Single incident of provoked obscene language not enough for repudiatory breach, must be insulting to such a degree as to be incompatible with continuance of master/servant relationship |
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Laws v London |
Disregarding essential condition of contract is repudiatory breach |
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Denco |
Unauthorised use of computer is gross misconduct, repudiatory breach |
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Gramophone |
No damages for handicap on market beyond notice period |
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Malik v BCCI |
Damages for mutual trust and confidence can be recovered where damage to reputation caused by employer conduct |
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Hill v Parsons |
Injunctions can be granted in special circumstances, pension rights |
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Jones v Gwent |
Injunction restraining employer from dismissing employee granted on basis that letter of dismissal was contrary to contract of employment so invalid |
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Société Générale |
Repudiatory breach by employer not effective without acceptance by employee, elective theory |
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Sharp |
If employer is guilty of significant breach of contract which amounts to repudiation, there is constructive dismissal |
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Lewis v Motorworld |
Constructive dismissal: series of acts by employer can cumulatively be taken into account, objective test |
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McBride v Falkirk FC |
Breach of implied term of mutual trust and confidence is repudiatory breach, objective test |
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Vairea |
Retraction of repudiation can prevent constructive dismissal |
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Notcutt |
Frustration is not dismissal, heart attack |
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Monie v Coral Racing |
Employers cannot rely on subsequent, different reasons for dismissal |
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Abernethy |
Tribunal's task is to discover reason actually motivating employer at time of dismissal |
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Wells |
If dismissal is constructive, relevant reason is reason for act which constituted repudiatory breach |
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East Lindsey |
Employer should consult employee and ascertain true medical position before dismissing due to ill health |
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L v M |
Dismissal may be unfair when illness caused by stress at work |
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Parr v Whitbread |
Dismissal of whole group may he fair provided reasonable investigation didn't identify true culprit + was one of them + could have been any of them |
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Sainsbury's v Hitt |
Box of razorblades missing, found in C's locker, he and another had opportunity, held unreasonable non-investigation of who had keys to locker, who else had opportunity and where bakery manager was; band test applies to investigation as well |
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Henderson v Hackney LBC |
School mentor viewed + distributed pornography at work, dismissal was fair because it showed poor judgement and reasonable employer would have dismissed |
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British Waterways |
Posting inappropriate comments about colleagues on Facebook can justify dismissal if it undermines working relationships, damages company's repudation and reasonable employer would dismiss |
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Game v Lewis |
Employee posted obscenities on Twitter, started for work purposes and many work-based colleagues followed him, reasonable to dismiss for potentially damaging company's image |
