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13/11/2009 In this case a claimant was removed as a director before completing one year's continuous employment. The claimant's solicitors wrote to the employers informing them that the solicitors had given advice to the claimant. The Employment Tribunal accepted this letter as amounting to a protected disclosure under the Employment Rights Act 1996 Section 43 and upheld the claim for unfair dismissal even though the claimant had less than one year's qualifying employment (dismissal after a protected disclosure is automatically unfair). The EAT did not accept this, arguing instead that the ERA makes a distinction between an allegation and information and where as in this case no information was given but rather a statement of position as to already known problems that existed between the claimant and his employers was made, no protected disclosure could exist.
The ET's decision that the claimant had been unfairly dismissed was overturned.
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The transcript of this case follows:- Cavendish Munro Risks Management Ltd v. Geduld [2009] UKEAT 0195_09_0608 (usually found at the Bailli or Employment Appeals websites) | ||
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Some recent employment cases:- 2009 Autoklenz 'Subcontractors' were employees - the contractual substitution clause was just 'window dressing' - Autoclenz Ltd v Belcher & Ors [2009] EWCA Civ 1046 Contract was ultra vires but employee still able to pursue unfair dimsissal claim under ERA 96 - Shrewsbury & Telford Hospital NHS Trust v Lairikyengbam [2009] UKEAT 0499_08_2108 Redundancies - ECJ rules that consultations do not need to begin until the parent company decides which subsidiary will be affected - Akavan Erityisalojen Keskusliitto AEK ry and Others v Fujitsu Siemens Computers Oy - ECJ [2009] Case C-44/08 ECJ rules holiday entitlement must not be lost through illness - Pereda v Madrid Movilidad SA - ECJ [2009] C-277/08 Costs follow lies (breaching confidentiality in a compromise agreement) - Dunedin Housing Association Ltd v. Donaldson - UKEAT [2009] 0014_09_0807 Pre-contractual negotiations can not be used as evidence for the meaning of a contract - Chartbrook Ltd v Persimmon Homes Ltd & Ors [2009] UKHL 38 Failure to fully exhaust statutory dispute resolution procedures means a claimant is barred from seeking redress in the courts - Booth v Oldham MBC [2009] EWCA Civ 880 Employers can not hide behind 'substantial equivalence' arguments to justify post TUPE contract changes - TAPERE v SOUTH LONDON AND MAUDSLEY NHS TRUST - [2009] UKEAT 0410_08_1908 The EAT rejects the refusing of the sole candidate for a job by citing conflict of interest and health and safety arguments - Amnesty International v Ahmed - [2009] UKEAT 0447_08_1308 |
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