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A round-up of links to stories about employment tribunal rulings reported in the week beginning 6 May 2013, during which a tribunal found that a dental nurse was constructively dismissed after warnings over eating an apple while on reception, using her mobile for personal calls, and going on Facebook during work time.

Dental nurse wins case after being given written warning for eating apple (on the Daily Telegraph website) A dental nurse who was given a written warning by bosses for eating an apple has won a case for constructive dismissal against the surgery.


Employment tribunal decisions reported on XpertHR

Equal pay: need to offer potential new recruit competitive salary was genuine material factor The employer in Webster v National Physical Laboratory persuaded the employment tribunal that a difference in pay between the female claimant and a newer male recruit was caused by its need to offer him a competitive salary to get him to take the job.


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A round-up of links to stories about employment tribunal rulings reported in the week beginning 22 April 2013, including a tribunal finding that six parking enforcement workers who were made redundant when the services they provided were outsourced to a private company and their jobs relocated from Barnet to Croydon and Lancing.

Unison wins unfair dismissal claim for workers transferred from Barnet to Croydon or Lancing (on the Unison website) Unison has won unfair dismissal claims in Besagni and others v NSL and RR Donnelly for six parking enforcement workers who were made redundant when the services they provided were sold off to a private company and their jobs relocated from Barnet to Croydon or Lancing.


Employment tribunal decisions reported on XpertHR (see also Podcast: Illegality-related dismissals)

Fair dismissal of foreign worker who could not prove right to work in the UK Employment tribunal case Winful v Whitbread Group plc arose from a situation in which the employer felt that it had no option but to dismiss a foreign worker who lost her right to work in the UK.

Fair dismissal of security supervisor who did not hold required security licence In Cook v Wilson James Ltd, a private security contractor, which needed most employees by law to hold a security licence, fairly dismissed an employee who did not have the required documentation.


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We round up what caught Tribunal Watch's eye on Twitter in the week beginning 22 April 2013, including the enactment in Parliament of the Enterprise and Regulatory Reform Act 2013, which makes a wide range of changes to employment law and tribunal procedure, and Growth and Infrastructure Act 2013, which allows for the introduction of employee-shareholder contracts.

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We round up what caught Tribunal Watch's eye on Twitter in the week beginning 1 April 2013, during which the Government has failed to publish the final version of legislation to reduce the minimum consultation period for large-scale redundancies, due to come into force on 6 April 2013.

Some commentators have pointed out that the final wording of the Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment) Order 2013 is important because, if it is the same wording as the draft version, the new rules apply where a proposal is "made" on or after 6 April 2013 for 100 or more redundancies, which could cause confusion.

Update (9 April): The final version of the Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment) Order 2013 was published on the UK legislation website on 9 April 2013.

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A round-up of links to stories about employment tribunal rulings reported in the week beginning 25 March 2013, including an award of 45 days' pay to 36 call centre workers for Capita's failure to provide Unison with information on agency workers when consulting on proposed redundancies.

Unison victory for Lambeth Council workers (on the Unison website) Capita has been found to have not provided information on agency workers to consult fully with Unison in relation to the proposed redundancy of 36 call centre workers.

Note: In February 2013, another employment tribunal found in Unison v London Borough of Barnet and another that Barnet Council was in breach of its duty to provide Unison with the required information on agency workers during redundancy and TUPE consultations.


Employment tribunal decisions reported on XpertHR

Golden handcuffs: pilots who took voluntary redundancy entitled to reclaim loans they made to airline Webb and another v Thomas Cook Airlines Ltd and another, an unusual breach of contract case involving pilots who sought to be repaid loans that they made to an airline, provides a useful reminder for employers of the definition of redundancy.


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A round-up of links to stories about employment tribunal rulings reported in the week beginning 18 March 2013, including two tribunals considering whether or not EE Ltd, which owns the T-Mobile and Orange brands, and B&Q were right to dismiss employees over derogatory comments on Facebook about their workplaces.


Employment tribunal decisions reported on XpertHR

Social media: employee fairly dismissed over "Dante's Inferno" Facebook comments In Weeks v Everything Everywhere Ltd, the employment tribunal held that the claimant was fairly dismissed after making threats on Facebook to a colleague who had reported him to the employer for his frequent references to his workplace as "Dante's Inferno".

Social media: B&Q worker unfairly dismissed for Facebook comments about workplace In Trasler v B&Q Ltd, the employment tribunal held that the claimant was unfairly dismissed for comments on Facebook about his workplace, although his compensation was reduced by 50%.

Podcast: Social media related dismissals On this week's XpertHR Weekly, we discuss the employment tribunals decision in Trasler v B&Q Ltd and Weeks v Everything Everywhere Ltd.



The Social Media Law Project is a new website that allows the collaborative development of an open source social media policy and provides a consolidated source for social media case law, legislation, guidance and research.

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A round-up of links to stories about employment tribunal rulings reported in the week beginning 18 February 2013, including a council worker being awarded £67,995 for unfair dismissal after pointing out inaccuracies in a report about children at risk of abuse.

Council worker who lifted the lid on mistakes in children at risk records wins £70,000 payout for being sacked unfairly (on the Daily Mail website) A council worker sacked after pointing out inaccuracies in a report about children at risk of abuse has been awarded £67,995 in an unfair dismissal case.


Employment tribunal decisions reported on XpertHR

Council fails to provide agency workers information in redundancy and TUPE consultations This tribunal decision provides a stark reminder to employers of the information on agency workers that they have been required to produce during redundancy and TUPE consultations since amendments to legislation made on 1 October 2011.

Age discrimination: tribunal finds degree requirement for promotion was not justified A newly constituted employment tribunal has found that a police force's requirement that its legal advisers have a law degree to be promoted was not justified, in the final chapter in this long-running age discrimination case.


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We round up what caught Tribunal Watch's eye on Twitter in the week beginning 18 February 2013, during which the important case for employers of United States of America v Nolan has been set to be heard by the Court of Appeal on 10 or 11 June 2013, after the European Court of Justice said that it did not have jurisdiction to hear the case.

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We round up what caught Tribunal Watch's eye on Twitter in the week beginning 4 February 2013, during which the Government faced heavy criticism in a House of Lords debate over its proposed new type of "employee-shareholder" contract of employment (on the UK Parliament website), under which employees will be given shares in exchange for waiving certain employment rights.

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The Government has published draft legislation coming into force on 6 April 2013 to reduce the collective redundancy consultation period from 90 to 45 days where 100 or more redundancies are proposed.

The Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment) Order 2013 amends the Trade Union and Labour Relations (Consolidation) Act 1992, which sets out that consultation must begin at least 90 days before the first dismissal takes effect where the employer is proposing to dismiss as redundant 100 or more employees at one establishment.

Importantly, the change applies only to proposals for redundancies that are "made" on or after 6 April 2013. It does not affect redundancy consultations that have already begun, and are still ongoing, on 6 April 2013.

The Order also means that fixed-term contracts that have reached their natural conclusion will be excluded from the obligation to consult collectively.

Update (9 April): The final version of the Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment) Order 2013 was published on the UK legislation website on 9 April 2013.

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