Archive for Case Updates

Can an employer’s withdrawal of dismissal ‘cure’ a breach of mutual trust and confidence?

Ms Gebremarian was given notice by Ethiopian Airlines that she was dismissed as redundant. Ms G then went on to appeal the dismissal and as a result, the notice of dismissal was withdrawn. Read More →

How vital is it that employers try to provide an impartial grievance process?

Very important, held the EAT. An employer’s failure to provide an impartial grievance appeal process (by allowing an employee to appeal to a different manager) could amount to a breach of the implied term of trust and confidence and therefore form the basis of a constructive dismissal claim. Read More →

Should employers make their own judgement about whether or not an employee is disabled, not just rely on a medical report?

Yes, held the Court of Appeal. When deciding whether the employer should have known of the employee’s disability, occupational health’s unsupported statement that the employee was not disabled should not have trumped all the other facts of which the employer was aware. Read More →