Labour & European Law Review
08 December 2011
Following a judicial review by six unions, the High Court last week ruled that the government was entitled to switch the measure of inflation used to increase public sector pensions. The unions are appealing the decision.
Can employers unilaterally withdraw a written notice of termination issued to an employee? The Court of Appeal said in CF Capital plc v Willoughby that although there is an exception to the rule that once notice has been given it cannot be withdrawn except by consent, it would invariably only apply when the notice was given orally “in the heat of the moment”.
When assessing a claim for compensation, Tribunals must consider whether the employee has mitigated their loss. In Debique v Ministry of Defence, the Employment Appeal Tribunal (EAT) said that the Tribunal was right not to make any award for loss of earnings because the former employee had failed to mitigate her loss.