How & why not all transfers are TUPE transfers – New Law Journal

Posted April 15th, 2019 in employment, news, transfer of undertakings, unfair dismissal by michael

‘Whenever employees are transferred from one employer to another, the Transfer of Undertakings (Protection of Employment) (TUPE) Regulations 2006 (SI 2006/246) are the practitioner’s first port of call. However, not all cases of transfer of employment involve a TUPE transfer.’

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New Law Journal, 11th April 2019

Source: www.newlawjournal.co.uk

Solicitor’s discrimination claim to continue despite Twitter campaign – Legal Futures

‘US firm Paul Weiss Rifkind Wharton & Garrison has failed to strike out an employment tribunal claim brought by a former corporate lawyer in its London office, after a tribunal found her not responsible for a friend’s Twitter campaign against it.’

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Legal Futures, 11th April 2019

Source: www.legalfutures.co.uk

Police officer sacked for abusing staff at takeaway wins job back as remarks ‘were not worst kind of racism’ – Daily Telegraph

‘A policewoman who was sacked after she racially abused takeaway staff has been allowed to return to the beat after claiming her remarks “were not the worst kind of racism”.’

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Daily Telegraph, 26th March 2019

Source: www.telegraph.co.uk

Sacked 88-year-old hospital secretary becomes oldest person ever to win age discrimination case – Daily Telegraph

‘An 88-year-old hospital secretary has become the oldest person ever to win an age discrimination case after she was marched out her office and later dismissed over “frality” claims.’

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Daily Telegraph, 6th February 2019

Source: www.telegraph.co.uk

DWP acted ‘perversely’ in sacking of disabled woman, judge finds – The Guardian

‘A disabled woman was discriminated against when she was unfairly sacked by the Department for Work and Pensions, which behaved in a “perverse” and “blinkered” manner, a judge has found.’

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The Guardian, 21st January 2019

Source: www.theguardian.com

Jess Varnish loses employment tribunal against British Cycling and UK Sport – The Guardian

‘Jess Varnish, the former Great Britain track cyclist, has lost her landmark employment case against British Cycling and UK Sport which had threatened to overhaul funding for Olympic athletes.’

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The Guardian, 16th January 2019

Source: www.theguardian.com

Sacked vegan claims discrimination in landmark case – BBC News

‘A tribunal is to be asked to decide whether veganism is a “philosophical belief” akin to a religion, in a landmark legal action.’

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BBC News, 3rd December 2018

Source: www.bbc.co.uk

Sacked 88-year-old woman sues the NHS for age discrimination – Daily Telegraph

Posted November 26th, 2018 in age discrimination, hospitals, news, unfair dismissal by tracey

‘An 88-year-old secretary has become the oldest person to sue the NHS for age discrimination after she was sacked despite not having a sick day in 10 years.’

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Daily Telegraph, 25th November 2018

Source: www.telegraph.co.uk

Law firm pays £20,000 compensation for unfair dismissal – Legal Futures

Posted November 16th, 2018 in compensation, constructive dismissal, law firms, news, unfair dismissal by tracey

‘A law firm accounts clerk who faced false allegations of sexually harassing a fellow employee has accepted damages of £20,000 after winning his claim of unfair constructive dismissal.’

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Legal Futures, 16th November 2018

Source: www.legalfutures.co.uk

TaxPayers’ Alliance concedes it launched smears against Brexit whistleblower – The Guardian

‘The rightwing pressure group the TaxPayers’ Alliance has conceded that it illegally sacked the whistleblower Shahmir Sanni for revealing unlawful overspending in the Brexit referendum campaign, in a case that could have a major impact on how lobbyists are described in the media.’

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The Guardian, 11th November 2018

Source: www.theguardian.com

Whistleblowing law ‘wholly inadequate’ for protecting staff who speak out, say MPs and campaigners – The Independent

Posted July 23rd, 2018 in news, unfair dismissal, whistleblowers by tracey

‘Senior MPs and campaigners are demanding the government overhauls laws around whistleblowing, calling the current legislation “wholly inadequate” and “not fit for purpose”.

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The Independent, 22nd July 2018

Source: www.independent.co.uk

League Against Cruel Sports in legal battle with vegan ‘whistleblower’ – The Guardian

‘A leading animal welfare charity is locked in an acrimonious legal dispute with a former employee who claims he was dismissed for telling colleagues that its pension fund invested in companies that have been involved in animal testing.’

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The Guardian, 16th June 2018

Source: www.theguardian.com

UK Supreme Court rejects appeal from Pimlico Plumbers in landmark gig economy case – The Independent

‘The Supreme Court has ruled that a plumber classed as self-employed was in fact a worker in a landmark case for the gig economy.’

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The Independent, 13th June 2018

Source: www.independent.co.uk

Disabled teacher who showed horror film to class wins £646k payout – Local Government Lawyer

‘A disabled teacher who showed the 18-rated film Halloween to a class of 15- and 16-year-olds has had his claim for discrimination arising from disability upheld in the Court of Appeal and is reportedly set to receive a £646,000 payout.’

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Local Government Lawyer, 17th May 2018

Source: www.localgovernmentlawyer.co.uk

Midwife Jane Greaves sacked after lack of toilet breaks gave her kidney infection wins job back – The Independent

Posted April 16th, 2018 in midwives, news, sick leave, unfair dismissal by tracey

‘A midwife who was sacked for taking too many sick days after she fell ill because of a lack of toilets at work has won an employment tribunal.’

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The Independent, 14th April 2018

Source: www.independent.co.uk

Casual workers and unfair dismissal: Mrs M Wright – Law & Religion UK

Posted April 9th, 2018 in casual workers, Church of England, news, unfair dismissal by tracey

‘The issue of the employment status of people who perform casual work – and its complexity – has come up yet again, this time in Mrs M Wright v St John the Evangelist Parochial Church Council (England and Wales: Breach of Contract) [2018] UKET 3200595/2017.’

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Law & Religion UK, 5th April 2018

Source: www.lawandreligionuk.com

Head teacher fails in Supreme Court challenge to dismissal over failure to disclose – Local Government Lawyer

‘The Supreme Court has unanimously dismissed an appeal brought by a head teacher who was sacked after she failed to disclose her friendship with a convicted sex offender to a local authority.’

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Local Government Lawyer, 15th March 2018

Source: www.localgovernmentlawyer.co.uk

Leading employment law provider unfairly dismissed senior employee, tribunal finds – Legal Futures

‘The leading unregulated provider of employment law services unfairly dismissed a senior employee, an employment tribunal has found.’

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Legal Futures, 3rd January 2018

Source: www.legalfutures.co.uk

Royal Mail Ltd v Jhuti – Old Square Chambers

‘This recent judgment of the Court of Appeal resolved two important questions:

1. Where a line manager, who is not involved in the investigatory or disciplinary process, has tainted the evidence supplied to a person deciding whether an employee should be dismissed, and that decision-maker is innocent of any discriminatory motivation, whose knowledge or state of mind is to be attributed to the employer for the purpose of s.103A of the Employment Rights Act 1996 (ERA 1996)?
2. Can an employee recover damages for dismissal consequent on detriment in the whistleblowing context?

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Old Square Chambers, 6th December 2017

Source: www.oldsquare.co.uk

Galilee Commissioner of Police for the Metropolis – Old Square Chambers

‘Is the ET required, when deciding whether to give permission to amend a claim to add a new claim which may be out of time, to decide the ‘time point’? Not necessarily, according to the judgment of the EAT in Galilee v Commissioner of Police for the Metropolis.’

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Old Square Chambers, 30th November 2017

Source: www.oldsquare.co.uk