The plaintiff college registrar had been the subject of disciplinary proceedings, but the defendant had not followed the contractual procedure. The judge had ordered an inquiry as to damages on the basis that the Plaintiff was entitled to remain in the council’s employment until retirement age unless in the meantime liable to redundancy or dismissal … Continue reading Gunton v Richmond-upon-Thames London Borough Council: CA 1980
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
A waiter’s tips which were received, and then re-distributed by the employer, are part of the employees’ wages for minimum wage purposes. The gratuities became the employer’s property so that when they paid the waiters their share of them, they were doing so with their (the employer’s) own money and such payments therefore counted towards … Continue reading Nerva and Others v R L and G (T/a Paradiso E Inferno and Trota Blu Wine Bar): CACD 15 May 1996
EAT PRACTICE AND PROCEDURE – Striking-out/dismissal In April 2009, the Claimant, who was then 77 years of age, was employed by the Respondent, when he was laid off without pay. While still being employed by the Respondent he submitted an ET1 alleging he had been laid off. By a judgment of Employment Judge Salter (‘the … Continue reading Foster v Bon Groundwork Ltd: EAT 17 Mar 2011
To succeed in a claim for constructive dismissal the plaintiff must establish a breach of contract by the defendant, that the breach was sufficiently serious to have justified the claimant resigning, or at least be the last in a series of events which justified his leaving, and that he left his employment with the defendant … Continue reading Western Excavating (ECC) Ltd v Sharp: CA 1978
