Labour & European Law Review
25 March 2015
The latest statistics for employment tribunals show a drop of 12 per cent in single claims for the last quarter of 2014 compared to the same period in 2013.
In a claim for constructive dismissal the Employment Appeal Tribunal (EAT) held in Colomar Mari v Reuters Ltd that the question of whether an employee’s acceptance of sick pay amounts to an affirmation of the contract depends on the circumstances.
As contracts can be created expressly or by implication, the Court of Appeal held in Stack v Ajar-Tec Ltd that the process of contract formation may also be partly express and partly implied. It was not therefore fatal to the existence of a concluded contract that the parties had not agreed an express term about payment.