Labour & European Law Review
11 March 2015
Acas last week published the figures for the number of notifications it received since early conciliation was introduced on a voluntary basis in April 2014. In May, it became compulsory for anyone wanting to make a Tribunal claim to first notify Acas in order to try and resolve their dispute before continuing with the claim.
Tribunals can find a dismissal is fair for redundancy if the employer can show that they ceased to carry on their business in the place “where the employee was so employed”. In Exol Lubricants Ltd v Birch and Perrin, the Employment Appeal Tribunal (EAT) held that, for employees with no fixed place of work, tribunals must look at the contract and also whether the employees had a connection with a depot or head office.
When an employer upholds an appeal against dismissal, the contract of employment is revived immediately. In Salmon v Castlebeck Care (Teesdale) and Danshell Healthcare Ltd, the Employment Appeal Tribunal (EAT) held that it was not necessary for the decision to be communicated to the employee for it to become effective.