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XpertHR's latest case reports cover:
- Equal pay: Bonuses no longer
linked to productivity constituted indirect discrimination In
Council of the City of Sunderland v Brennan and others [2012] IRLR 507 CA,
the Court of Appeal held the employment tribunal had been entitled to
find that bonuses paid predominantly to men, and not women, had ceased to
relate to productivity and resulted in indirect
discrimination. (Personnel Today)
- TUPE: Dismissal was
connected with transfer despite no transferee being identified at
time In Spaceright Europe Ltd v Baillavoine and another
[2011] EWCA Civ 1565 CA, the Court of Appeal held that a dismissal by an
administrator was “connected with” a relevant transfer, even though the
administrator did not have any particular transferee in mind at the time of
the dismissal. Further, there could be no ETO reason for dismissal, when
the reason was to make the business more attractive to purchasers rather than
to facilitate continued trading. (Employment Review)
- TUPE: Administration never
analogous to bankruptcy In Key2Law (Surrey) LLP v De'Antiquis
[2012] IRLR 212 CA, the Court of Appeal held that administration
proceedings can never be said to be instituted with a view to the liquidation
of the assets of the insolvent business. Consequently, whenever a TUPE
transfer of a business in administration occurs, reg.8(7) of the TUPE
Regulations 2006 will not apply and any liabilities will transfer to the
purchaser of the business. (Employment Review)
Also
Week beginning 18 June
2012
Week beginning 4 June
2012
Week beginning 28 May
2012
Week beginning 21 May
2012
Week beginning 7 May
2012
Week beginning 30 April
2012
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