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this is just such a case. In a subsequent Court of Appeal case, Massey v Crown Life Insurance Co , 42 however, a different approach was taken. In that case a branch manager who

giving her or him reasonable time in which to do so. Of course, warnings are not essential in every case, and may perhaps be irrelevant where it is clear that the employee is completely

deciding a point on constructive dismissal), Slade LJ said: [I]n cases such as the present where it is essential to imply some term into the contract of employment as to place of work

the employment; this may be the case with a managing director, but is not necessarily so and will depend upon all the facts of the case. 19 The case law on these points is at times

concepts were fashioned by EC sex equality law, most of the cases cited will be sex cases, and most of the rest will be race cases. There are of course some ground-specific issues, so this

circumstances of the case, and so lack of it (as in that case, where the changes were just announced to the employee) is not necessarily fatal to the employer’s case. Emphasis on consultation

operation of essential public services and mortuaries, burial and cremation services. 312 On industrial action in the essential services generally, see Morris Strikes in Essential Services

by remitting the case to the tribunal for a rehearing including the otherwise inadmissible evidence. 94 This reinforces the point made previously that it is essential that all relevant

Court’s view on this changed in the case of Demir v Turkey , 68 in which the Court declared that the right to bargain collectively was one of the essential elements in the human right to

period. 33 In the case of output work, the rated output must be determined by a test carried out according to criteria specified in the regulations. In the case of unmeasured work

racial groups. The main case where this issue arose was Mandla v Dowell Lee (1983) in the House of Lords. In that case, Lord Fraser set out the essential characteristics of ‘ethnic

of the essential terms of the contract ( Western Excavating Ltd v Sharp (1978)). MacCardie J put it as follows in Re Rubel Bronze & Metal Co. Ltd (1918): In every case the question

a foreman made his case materially different. The employer won the case. Questions 1 Why should the fact that Mr Proctor was a foreman make his case ‘materially different’

against each point and any discrepancies in the evidence. When preparing the case, it is essential to think about the strengths and weaknesses of the points that both sides will be

wrongful dismissal cases in preference to unfair dismissal cases; ● advise on the different remedies that can be ordered when a claimant wins a wrongful dismissal case; ● outline the

special dangers faced in his case. Goggles should have been provided for him. This case is important because it places a higher duty of care on employers in the case of employees with relevant

in discrimination cases and state when each is awarded; ● assess the merits of the cases put forward by the two sides in the debate about justification in cases of direct sex dis

unless they wish it to be. After the case of P v S , the European Court of Human Rights decided the case of Godwin v UK , a non-employment case, which led to the Gender Reassignment

direct discrimination, proving detriment and less favourable treatment on a case-by-case basis. The original case on this was Porcelli v Strathclyde Regional Council (1986), where the

to be the ending of employment in certain untypical cases without there being in law a dismissal, (2) establishing the essential law on dismissal by the giving of notice (the usual