No right to dismiss where employee entitled to disability payments

In Awan v ICTS UK Limited the EAT confirmed that there was an implied term in the employee's contract that his employer would not dismiss him for incapacity while he remained entitled to company long term disability benefits.

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Happy New Year – reference to Working Time was a protected disclosure

The tribunal was wrong to find that an allegation that an employer's end of year working arrangements would breach the Working Time Regulations was not a protected disclosure, according to the EAT in Saha v Capita Plc.

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Holiday reading

This is our last newsletter of 2018 – we'll be back in the New Year. However, if you are in need of some holiday reading in the meantime, you can download our summary of the Law Commission's proposals for employment tribunal reform here. The consultation exercise ends on 11 January.

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