Omission to Act

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  • Detriment (2)

Matuszowicz v Kingston upon Hull City Council (2009 EWCA Civ 22)

Any act extending over a period is treated as done at the end of that period. A deliberate omission is treated as done when the person concerned decided upon it.

Whitbread plc t/a Thresher v Gullyes (EAT/478/92)

An employee who resigned from a managerial position because her employer gave her insufficient support was unfairly constructively dismissed.

Collins v First Quench Retailing Ltd (31 January 2003, Court of Session, 2003 GWD126)

An employer might be held responsible for not properly assessing risks and putting reasonable measures in place to protect employees.

Spink v Express Foods Limited (EAT 1990)

An employee should know the case against them. You should hear or be told the important parts of the evidence; you should have the opportunity to criticise or dispute it and the opportunity to present your own evidence and argue your case.

W A Goold (Pearmak) Ltd v McConnell (EAT 28 Apr 1995)

It is an implied term in the contract of employment that the employers will reasonably and promptly give employees an opportunity to present their grievance, and act on it, in a reasonable way.

Wigan Borough Council v Davies (1979 ICR 411)

An implied term in an employment contract is that the employer will provide reasonable support to ensure that an employee can carry out his/her job without harassment or disruption by fellow workers.
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