‘An employee is not prevented from resigning and bringing a constructive dismissal claim against a former employer by the fact that the employer may have been preparing a gross misconduct case against him, the Employment Appeal Tribunal (EAT) has ruled.’
OUT-LAW.com, 27th August 2014
Source: www.out-law.com
‘The point at which the new employer becomes responsible for the workers who have been transferred under TUPE rules is a question of fact, not the wishes or intentions of the parties, the Employment Appeal Tribunal (EAT) has confirmed.’
OUT-LAW.com, 22nd August 2014
Source: www.out-law.com
‘A change in the working location of somebody who has changed employer through TUPE will only be grounds for a constructive dismissal claim if that change is “substantial” and causes “material detriment” to the worker.’
OUT-LAW.com, 26th August 2014
Source: www.out-law.com
IG Index Ltd v Cloete [2014] EWCA Civ 1128; [2014] WLR (D) 360
‘CPR r 31.22 applied to restrict the use of documents disclosed pursuant to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 and, their replacement, the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.’
WLR Daily, 31st July 2014
Source: www.iclr.co.uk
‘A solicitor has won a High Court battle to prove he was an employee and not a partner at a firm subject to legal action.’
Law Society’s Gazette, 1st August 2014
Source: www.lawgazette.co.uk
‘The number of claims referred to employment tribunals may have dropped by as much as 79% in the year since fees were introduced, according to figures produced for the Trade Unions Congress (TUC).’
Full story
OUT-LAW.com, 31st July 2014
Source: www.out-law.com
‘Britain’s biggest force faces a large compensation claim as a tribunal rules Carol Howard was treated unfairly because of her sex and race.’
Daily Telegraph, 1st July 2014
Source: www.telegraph.co.uk
‘Where a claim of race discrimination had been dismissed on limitation grounds those allegations could not be repeated in a second claim together with additional allegations which could have been included in the first claim but had not been, in order to avoid the limitation defence by founding a claim based on conduct extending over a period of time. The second claim was an abuse of process.’
WLR Daily, 24th June 2014
Source: www.iclr.co.uk
’10cc were a great band – from a decade of great bands of course – “Dreadlock holiday” an iconic track and I don’t like cricket, no no, I love it. So what a joy to be able to reference this title to a very significant employment case reported last week. How come? Well the pun starts here: (1) the case is Lock v British Gas Trading Limited (2) it is all about holiday pay and (3) employers will dread its implications.’
Hardwicke Chambers, 10th June 2014
Source: www.hardwicke.co.uk
Burrell v Micheldever Tyre Services Ltd [2014] EWCA Civ 716; [2014] WLR (D) 241
‘The Employment Appeal Tribunal could contain the application of the conventional approach to remittal in a number of ways, namely by (i) being robust when applying that approach, (ii) encouraging parties to consent to the Appeal Tribunal disposing of the case itself and (iii) limiting the scope of any remittal made.’
WLR Daily, 23rd May 2014
Source: www.iclr.co.uk
‘The role of the UK’s Employment Appeal Tribunal (EAT) is generally limited to ruling on the lawfulness of an employment tribunal’s decisions rather than making its own assessment of a case, the Court of Appeal has confirmed.’
OUT-LAW.com, 4th June 2014
Source: www.out-law.com
Bone v North Essex Partnership NHS Foundation Trust [2014] EWCA Civ 652; [2014] WLR (D) 214
‘It was not necessary in a claim for detriment under section 146(1) of the Trade Union and Labour Relations (Consolidation) Act 1992 for the independence of the relevant trade union to be established in order for an employment tribunal to have jurisdiction.’
WLR Daily, 15th May 2014
Source: www.iclr.co.uk
‘Employees who were required to work in a different location after their work was outsourced were not exempted from legal protections aimed at such workers under pre-2014 rules, the UK’s employment appeal tribunal (EAT) has ruled.’
OUT-LAW.com, 21st May 2014
Source: www.out-law.com
‘Under Art 11 of the European Convention on Human Rights 1950, freedom of association is protected. In Redfearn v UK it was held that the UK government had violated Mr Redfearn’s Art 11 right as the UK had not taken reasonable measures to protect employees such as him from dismissal on grounds of political affiliation. The government’s response, although following a suggestion of the court, could mean that the wider issues in Redfearn may yet have to be visited again.’
Halsbury’s Law Exchange, 12th May 2014
Source: www.halsburyslawexchange.co.uk
Jafri v Lincoln College [2014] EWCA Civ 449; [2014] WLR (D) 178
‘When the Employment Appeal Tribunal detected a legal error by an employment tribunal, it had to remit the case unless it was able, without itself making any factual assessment or judgment as to the merits, either to conclude that the error could not have affected the result, or to conclude what different result there must have been without the error.’
WLR Daily, 16th April 2014
Source: www.iclr.co.uk
‘The UK’s Employment Appeal Tribunal (EAT) will not normally be able to resolve factual disagreements between parties involved in an employment dispute without parties’ permission, the Court of Appeal has ruled.’
OUT-LAW.com, 24th April 2014
Source: www.out-law.com
’26 men are suing a Welsh university over allegations that they have been victims of sexual discrimination in the work place and received unequal pay to their female counterparts.’
The Independent, 18th April 2014
Source: www.independent.co.uk
‘Employees with a grievance against their employers will have to consider participation in a dispute resolution scheme run by the Advisory, Conciliation and Arbitration Service (Acas) before they can lodge a claim before an employment tribunal under changes to UK law that have come into force.’
OUT-LAW.com, 7th April 2014
Source: www.out-law.com
‘It was neither sex discrimination nor discrimination related to pregnancy or maternity leave to dismiss an employee for excessive absences due to post-natal depression that took place after her maternity leave had ended, the Employment Appeal Tribunal (EAT) has found.’
OUT-LAW.com, 12th March 2014
Source: www.out-law.com
‘Britain’s biggest airport car parking company, Purple Parking, has admitted age discrimination against its workers after it sacked dozens of them for being too old.’
The Independent, 10th March 2014
Source: www.independent.co.uk
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