Ian Smith reports on basic & immutable problems of employment law that require complex answers
There are times where there is comfort to be gained from the bog-standard. In a month when we have been bombarded with regulations on shared parental leave which are so voluminous and complicated that a little light relief can be sought from reading Magna Carta in the original, it is nice to see three recent Employment Appeal Tribunal (EAT) cases on very basic and immutable problems of employment law. These are the effect of a successful internal appeal against dismissal, the effect of continuing to receive sick pay from the employer when deciding whether to leave and claim constructive dismissal and how to decide on the “place of work” of a mobile employee. Although these are simple questions to state, fortunately for lawyers and their bank balances they can demand more complex answers.
The effect of a successful appeal against dismissal
Cases on the contractual status of internal disciplinary procedures tend to revolve around whether they are or are not incorporated into contracts and the results of this. However, the decision
