Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Constructive dismissalEmployment lawEquality, diversity and inclusionDisabilityRace discrimination

Employers’ Law: news in brief

by Personnel Today 31 Dec 2009
by Personnel Today 31 Dec 2009

In Meerts v Proost, the ECJ said that a worker who was dismissed without notice during a period of part-time parental leave was entitled to receive compensation for their notice pay based on their full-time salary. Under UK law, employees who are dismissed while on family-friendly leave are not entitled to be paid during their notice period if their contractual notice is at least one week more than the statutory notice period. The decision in Meerts provides a route to challenge this, and employers would be advised to pay in full for notice during periods of family leave. For more: www.bailii.org/eu/cases/EUECJ/2009/C11608.html


In Orr v Milton Keynes Council, the fact that an employee had been the victim of a racist comment did not mean that his subsequent dismissal because of his response to that comment was unfair or discriminatory. For more: www.bailii.org/uk/cases/UKEAT/2009/0506_08_0511.html


In X v Mid Sussex Citizens Advice Bureau (CAB), the EAT ruled that a volunteer worker at CAB could bring a disability discrimination claim. Where there was no legally binding contract between the volunteer and the CAB, the Disability Discrimination Act 1995 does not protect voluntary workers. For more: www.bailii.org/uk/cases/UKEAT/ 2009/0220_08_3010.html


In focus


Employees who disclose information about certain alleged wrongdoings are protected against detriment and dismissal for making such disclosures under whistleblowing legislation. To qualify for protection, the disclosure must be about a certain type of wrongdoing (say the commission of a criminal offence or a failure to comply with legal obligations) and must be made only to certain persons.


In Cavendish Munro v Geduld, the Employment Appeal Tribunal confirmed that to be protected, whistleblowers must actually disclose some information. Simply voicing a concern, raising an issue or setting out an objection, is not the same as disclosure. A solicitor’s letter setting out a statement of position during negotiations did not meet the test. For more: www.bailii.org/uk/cases/UKEAT/ 2009/0195_09_0608.html


Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

One to watch


The Employment Appeal Tribunal’s (EAT) decision in Lyons v Mitie Security is due to be published any time now. The EAT is considering whether an employee can bring a constructive dismissal claim on the basis that his request for holiday was refused for not having given proper notice under his contract. The EAT will also consider whether, and if so in what circumstances, the employee is entitled to pay in lieu of untaken holiday entitlement

Personnel Today

Personnel Today articles are written by an expert team of award-winning journalists who have been covering HR and L&D for many years. Some of our content is attributed to "Personnel Today" for a number of reasons, including: when numerous authors are associated with writing or editing a piece; or when the author is unknown (particularly for older articles).

previous post
EBR Attridge Law LLP (formerly Attridge Law) and anor v Coleman
next post
Illegal immigrants work at government offices, newspaper reveals

You may also like

Ethnicity and disability pay gaps: Ready to report?...

14 Jul 2025

Black TV professionals’ experiences of racism are rife,...

14 Jul 2025

Gregg Wallace case: don’t be too hasty to...

11 Jul 2025

Ministers loosen fire and rehire proposals in Employment...

10 Jul 2025

£188k tribunal award for director sacked after cardiac...

10 Jul 2025

It’s no secret – parity in the workplace...

10 Jul 2025

Court of Appeal rules that Ryanair agency pilot...

9 Jul 2025

Bereavement leave to extend to miscarriages before 24...

7 Jul 2025

Company director wins £15k after being told to...

4 Jul 2025

How can HR prepare for changes to the...

3 Jul 2025

  • Empower and engage for the future: A revolution in talent development (webinar) WEBINAR | As organisations strive...Read more
  • Empowering working parents and productivity during the summer holidays SPONSORED | Businesses play a...Read more
  • AI is here. Your workforce should be ready. SPONSORED | From content creation...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+