News

TEAM Head Office will be moving location on Monday 21st July 2010.

It has emerged that fake fit notes are being sold for as little as £10 online, raising concerns that workers may find it easier to fraudulently claim sickness absence.

In London Borough of Brent v Fuller, the EAT held that, when deciding whether to dismiss for gross misconduct, an employer was entitled to take into account a previous similar incident even though no formal warning had been given.

In Munchkins Restaurant Ltd and another v Karmazyn and others, the EAT considered several issues in the context of a claim for sexual harassment and constructive dismissal. The “intolerable” conduct which had been suffered by the Claimants was put up with for between one and five years before they resigned. However, the fact that the Claimants put up with the conduct, and even initiated talk of a sexual nature as a coping strategy, did not mean that it was not "unwanted".

5 new TEAM Members

New TEAM Service Provider - Know Your Candidate

Damages for loss of professional status not precluded by Johnson v Unisys

No age discrimination when employee unable to obtain degree before retirement

Buckland v Bournemouth University Higher Education Corporation [2010] EWCA Civ 121 The Court of Appeal has ruled that an employer who has committed a serious breach of contract cannot seek to remedy it while the employee is considering whether to resign and claim constructive dismissal.

In Rawlings v The Direct Garage Door Company Ltd, an employment judge held that a worker who had been on sick leave for the last 15 months of his employment was entitled to statutory holiday pay in respect of that period. The non-payment of holiday pay amounted to an unlawful deduction from wages contrary to the Employment Rights Act 1996, even though the worker had not actually taken statutory holiday during the period in question.