key cases – Do I Have A Case? – No win no fee Solicitors

Key Cases:Western Excavating v Sharp

Tom Street — Tue, 17 Sep 2013 09:27:04 +0000

Western Excavating v Sharp [1978] ICR 221[1] When attempting to take an employer to the tribunal for Constructive unfair dismissal one of the key cases that has to be considered is that of Western Excavating v Sharp. This case lays out the foundation elements to create constructive dismissal. The facts of the case are fairly ... Read more

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Key Cases: Iceland Frozen Foods v Jones

Tom Street — Tue, 17 Sep 2013 08:58:35 +0000

Range of Reasonable Responses: Iceland Frozen Foods v Jones [1983] ICR 17[1] When considering whether a misconduct dismissal was fair or not, the Tribunal not only looks at whether the employer had a reasonable belief that the employee was guilty of the misconduct (as in the Burchell test laid out in BHS v Burchell) but they ... Read more

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Key Cases: British Home Stores v Burchell

Tom Street — Mon, 16 Sep 2013 14:33:54 +0000

The Burchell Test: British Home Stores v Burchell [1978] IRLR 379[1] When a tribunal is trying to decide whether a dismissal for misconduct is fair or unfair a case that they will almost certainly look at is that of BHS v Burchell which is the basis for the Burchell Test. In this case an employee was ... Read more

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Key Cases: Polkey v A E Dayton Services Ltd

Tom Street — Mon, 16 Sep 2013 11:29:23 +0000

Polkey v AE Dayton Services Ltd [1987] UKHL 8[1] This case brought about the Polkey rule which although was formulated in a case to do with redundancy it is applicable to all other dismissals as well. The facts in this case are very simple. The employee Mr Polkey worked as a van driver for 4 ... Read more

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