http://www.xperthr.co.uk/employmentlaw/lawreportsstoppress.aspx Latest items added to the XpertHR case law reports stop press page. ©2013 - www.xperthr.co.uk http://www.xperthr.co.uk/app_themes/default/images/logo.gif http://www.xperthr.co.uk/employmentlaw/lawreportsstoppress.aspx The Employment Appeal Tribunal has provided guidance on how tribunals should assess protective awards where an employer has breached its obligation to inform and consult on a TUPE transfer. http://www.xperthr.co.uk/article/116217/tupe-consultation--eat-provides-guidance-on-protective-awards-for-technical-breaches.aspx Wed, 22 May 2013 00:00:00 GMT xperthr/casereps/article116217tupeconsultationeatprovidesguidanceonprotectiveawardsfortechnicalbreachesaspx/tupeconsultationeatprovidesguidanceonprotectiveawardsfortechnicalbreaches The Supreme Court has restored the employment tribunal decision that a minister of religion was not an employee and could not therefore claim unfair dismissal. http://www.xperthr.co.uk/article/116167/employment-status--supreme-court-decides-church-minister-was-not-an-employee.aspx Thu, 16 May 2013 00:00:00 GMT xperthr/casereps/article116167employmentstatussupremecourtdecideschurchministerwasnotanemployeeaspx/employmentstatussupremecourtdecideschurchministerwasnotanemployee The Employment Appeal Tribunal has considered the definition of "affected employees" in the context of a TUPE transfer and the obligation to inform and consult. http://www.xperthr.co.uk/article/116116/tupe-consultation--eat-considers-definition-of-affected-employees.aspx Wed, 08 May 2013 00:00:00 GMT xperthr/casereps/article116116tupeconsultationeatconsidersdefinitionofaffectedemployeesaspx/tupeconsultationeatconsidersdefinitionofaffectedemployees The Employment Appeal Tribunal (EAT) has held that the Equality Act 2010 can be interpreted to cover post-employment victimisation, disagreeing with the EAT decision in Rowstock and another v Jessemey and another. http://www.xperthr.co.uk/article/116101/equality-act-2010-does-cover-post-employment-victimisation,-says-eat.aspx Thu, 02 May 2013 00:00:00 GMT xperthr/casereps/article116101equalityact2010doescoverpostemploymentvictimisationsayseataspx/equalityact2010doescoverpostemploymentvictimisationsayseat The Employment Appeal Tribunal (EAT) has upheld the employment tribunal decision that a manager was unfairly dismissed for behaving in an "over-authoritarian manner" because he was not warned that a possible consequence of continuing to act in this way was dismissal. http://www.xperthr.co.uk/article/116079/over-authoritarian-manager-should-have-been-warned-about-possibility-of-dismissal.aspx Wed, 01 May 2013 00:00:00 GMT xperthr/casereps/article116079overauthoritarianmanagershouldhavebeenwarnedaboutpossibilityofdismissalaspx/overauthoritarianmanagershouldhavebeenwarnedaboutpossibilityofdismissal The European Court of Justice (ECJ) has confirmed that a reduction in working hours can be regarded as reasonable accommodation for disabled workers where the reduction makes it possible for the worker to continue in employment and does not represent a disproportionate burden on the employer. http://www.xperthr.co.uk/article/115963/disability--ecj-guidance-on-reduction-in-working-hours-as-an-adjustment-for-the-disabled.aspx Mon, 15 Apr 2013 00:00:00 GMT xperthr/casereps/article115963disabilityecjguidanceonreductioninworkinghoursasanadjustmentforthedisabledaspx/disabilityecjguidanceonreductioninworkinghoursasanadjustmentforthedisabled The Employment Appeal Tribunal has provided guidance on remedies for discrimination claims including injury to feelings and aggravated damages. http://www.xperthr.co.uk/article/115942/discrimination--eat-provides-guidance-on-injury-to-feelings-awards-and-aggravated-damages.aspx Wed, 10 Apr 2013 00:00:00 GMT xperthr/casereps/article115942discriminationeatprovidesguidanceoninjurytofeelingsawardsandaggravateddamagesaspx/discriminationeatprovidesguidanceoninjurytofeelingsawardsandaggravateddamages The Employment Appeal Tribunal has considered whether or not an obese individual who suffered from multiple symptoms, was disabled for the purposes of disability discrimination legislation. http://www.xperthr.co.uk/article/115835/disability-discrimination--obese-individual-suffering-from-multiple-symptoms-disabled.aspx Wed, 27 Mar 2013 00:00:00 GMT xperthr/casereps/article115835disabilitydiscriminationobeseindividualsufferingfrommultiplesymptomsdisabledaspx/disabilitydiscriminationobeseindividualsufferingfrommultiplesymptomsdisabled The Court of Appeal has held that an employer's decision to start a second set of disciplinary proceedings after an employee has already been disciplined for the same offence does not automatically render a subsequent dismissal unfair. http://www.xperthr.co.uk/article/115698/double-jeopardy--no-strict-rule-about-second-set-of-disciplinary-proceedings-for-same-offence.aspx Wed, 13 Mar 2013 00:00:00 GMT xperthr/casereps/article115698doublejeopardynostrictruleaboutsecondsetofdisciplinaryproceedingsforsameoffenceaspx/doublejeopardynostrictruleaboutsecondsetofdisciplinaryproceedingsforsameoffence The Employment Appeal Tribunal has held that the Equality Act 2010 cannot be interpreted to cover post-employment victimisation. http://www.xperthr.co.uk/article/115669/equality-act-2010-does-not-protect-against-post-employment-victimisation,-says-eat.aspx Thu, 07 Mar 2013 00:00:00 GMT xperthr/casereps/article115669equalityact2010doesnotprotectagainstpostemploymentvictimisationsayseataspx/equalityact2010doesnotprotectagainstpostemploymentvictimisationsayseat The Court of Appeal has reiterated the general principle that it is legitimate for an employer to take into account a prior final written warning when deciding to dismiss an employee, provided that the warning was issued in good faith and was not manifestly inappropriate. http://www.xperthr.co.uk/article/115640/unfair-dismissal--legitimate-for-employer-to-take-into-account-unexpired-final-written-warning.aspx Wed, 06 Mar 2013 00:00:00 GMT xperthr/casereps/article115640unfairdismissallegitimateforemployertotakeintoaccountunexpiredfinalwrittenwarningaspx/unfairdismissallegitimateforemployertotakeintoaccountunexpiredfinalwrittenwarning The Advocate General has taken the view that the TUPE Regulations can be given a "dynamic" interpretation, suggesting that UK law can permit the survival after transfer of a pay increase negotiated under a collective agreement signed by the transferor before the transfer. http://www.xperthr.co.uk/article/115539/advocate-general-suggests-that-tupe-law-can-allow-transferors-pay-agreement-to-survive-transfer.aspx Mon, 25 Feb 2013 00:00:00 GMT xperthr/casereps/article115539advocategeneralsuggeststhattupelawcanallowtransferorspayagreementtosurvivetransferaspx/advocategeneralsuggeststhattupelawcanallowtransferorspayagreementtosurvivetransfer The Employment Appeal Tribunal has upheld a tribunal decision that the context of a remark is important when assessing whether or not it constituted harassment. http://www.xperthr.co.uk/article/115518/religious-discrimination--colleagues-enquiry-using-expletive-about-pope-story-did-not-constitute-harassment.aspx Thu, 21 Feb 2013 00:00:00 GMT xperthr/casereps/article115518religiousdiscriminationcolleaguesenquiryusingexpletiveaboutpopestorydidnotconstituteharassmentaspx/religiousdiscriminationcolleaguesenquiryusingexpletiveaboutpopestorydidnotconstituteharassment The Court of Appeal has endorsed the thinking behind government schemes in which individuals are given unpaid placements as a condition of continuing to receive jobseeker's allowance, but found that two schemes were unlawful because the legislation under which they were introduced did not comply with the Jobseekers Act 1995. http://www.xperthr.co.uk/article/115450/governments-unpaid-jobseeker-schemes-unlawful,-but-not-human-rights-breach.aspx Tue, 12 Feb 2013 00:00:00 GMT xperthr/casereps/article115450governmentsunpaidjobseekerschemesunlawfulbutnothumanrightsbreachaspx/governmentsunpaidjobseekerschemesunlawfulbutnothumanrightsbreach The Employment Appeal Tribunal has held that a voluntary redundancy scheme that provided different severance payments for two different age groups of employees was not age discriminatory because the differential treatment was justified. http://www.xperthr.co.uk/article/115426/eat-holds-age-related-severance-payments-not-discriminatory.aspx Thu, 07 Feb 2013 00:00:00 GMT xperthr/casereps/article115426eatholdsagerelatedseverancepaymentsnotdiscriminatoryaspx/eatholdsagerelatedseverancepaymentsnotdiscriminatory The Court of Appeal has upheld a decision by the Employment Appeal Tribunal that, where there are multiple respondents and particular loss cannot be attributed to one party, employment tribunals must award compensation on a joint and several liability basis, meaning that the claimant can claim the entire amount from any respondent. http://www.xperthr.co.uk/article/115360/court-of-appeal-upholds-eat-decision-that-indivisible-damage-is-not-attributable-to-one-party.aspx Thu, 31 Jan 2013 00:00:00 GMT xperthr/casereps/article115360courtofappealupholdseatdecisionthatindivisibledamageisnotattributabletoonepartyaspx/courtofappealupholdseatdecisionthatindivisibledamageisnotattributabletooneparty The Court of Appeal has held that the system for the disclosure of individuals' criminal records to employers breaches the European Convention on Human Rights. http://www.xperthr.co.uk/article/115345/criminal-record-checks--spent-convictions-law-breaches-european-convention-on-human-rights.aspx Wed, 30 Jan 2013 00:00:00 GMT xperthr/casereps/article115345criminalrecordchecksspentconvictionslawbreacheseuropeanconventiononhumanrightsaspx/criminalrecordchecksspentconvictionslawbreacheseuropeanconventiononhumanrights The European Court of Human Rights (ECHR) has held that a Christian employee's right to freedom of thought, conscience and religion under art.9 of the European Convention on Human Rights was breached when the UK courts found that she was not discriminated against by British Airways' uniform policy, which prevented her from wearing visible items of jewellery at work. http://www.xperthr.co.uk/article/115235/religion--uk-courts-failed-to-protect-rights-of-christian-employee-prevented-from-wearing-cross-at-work.aspx Tue, 15 Jan 2013 00:00:00 GMT xperthr/casereps/article115235religionukcourtsfailedtoprotectrightsofchristianemployeepreventedfromwearingcrossatworkaspx/religionukcourtsfailedtoprotectrightsofchristianemployeepreventedfromwearingcrossatwork The Employment Appeal Tribunal has refused to interfere with the employment tribunal decision that a children's home's business requirements outweighed the Christian claimant's desire not to work on Sundays. http://www.xperthr.co.uk/article/115206/religious-discrimination--eat-upholds-tribunal-decision-on-christians-refusal-to-work-on-sundays.aspx Fri, 11 Jan 2013 00:00:00 GMT xperthr/casereps/article115206religiousdiscriminationeatupholdstribunaldecisiononchristiansrefusaltoworkonsundaysaspx/religiousdiscriminationeatupholdstribunaldecisiononchristiansrefusaltoworkonsundays The Supreme Court has upheld the Court of Appeal decision that an unpaid volunteer with no contract was not protected by the (now repealed) Disability Discrimination Act 1995 and that the Equal Treatment Framework Directive (2000/78/EC) does not cover voluntary activity. http://www.xperthr.co.uk/article/115101/supreme-court-confirms-volunteer-not-covered-by-disability-discrimination-law.aspx Tue, 18 Dec 2012 00:00:00 GMT xperthr/casereps/article115101supremecourtconfirmsvolunteernotcoveredbydisabilitydiscriminationlawaspx/supremecourtconfirmsvolunteernotcoveredbydisabilitydiscriminationlaw The High Court has upheld a breach of contract claim against a housing trust that demoted a Christian manager who said on Facebook that holding civil partnership ceremonies in churches is "an equality too far". http://www.xperthr.co.uk/article/114840/breach-of-contract-of-employee-demoted-for-facebook-comments-on-civil-partnership-ceremonies.aspx Wed, 21 Nov 2012 00:00:00 GMT xperthr/casereps/article114840breachofcontractofemployeedemotedforfacebookcommentsoncivilpartnershipceremoniesaspx/breachofcontractofemployeedemotedforfacebookcommentsoncivilpartnershipceremonies The Court of Appeal has held that the "band of reasonable responses" test for determining unfair dismissal claims does not need to be modified where an employee’s rights under art.8 of the European Convention on Human Rights are engaged as a result of his or her dismissal. http://www.xperthr.co.uk/article/114799/unfair-dismissal-test-complies-with-european-convention-on-human-rights.aspx Mon, 19 Nov 2012 00:00:00 GMT xperthr/casereps/article114799unfairdismissaltestcomplieswitheuropeanconventiononhumanrightsaspx/unfairdismissaltestcomplieswitheuropeanconventiononhumanrights The European Court of Justice (ECJ) has confirmed that the holiday pay of a worker on a zero-hours contract placed on short-time working can be calculated on a pro rata basis. http://www.xperthr.co.uk/article/114765/worker-on-zero-hours-contract-placed-on-short-time-working-can-have-holiday-pay-reduced.aspx Tue, 13 Nov 2012 00:00:00 GMT xperthr/casereps/article114765workeronzerohourscontractplacedonshorttimeworkingcanhaveholidaypayreducedaspx/workeronzerohourscontractplacedonshorttimeworkingcanhaveholidaypayreduced The European Court of Human Rights (ECHR) has said that it was a breach of a BNP member's human rights for him not to have the opportunity to claim unfair dismissal on the basis that he was sacked for his "political opinion". He did not have the required one year's service in force at the time to bring a claim. http://www.xperthr.co.uk/article/114740/echr-criticises-uk-employment-legislations-failure-to-cover-dismissals-for-political-opinion.aspx Thu, 08 Nov 2012 00:00:00 GMT xperthr/casereps/article114740echrcriticisesukemploymentlegislationsfailuretocoverdismissalsforpoliticalopinionaspx/echrcriticisesukemploymentlegislationsfailuretocoverdismissalsforpoliticalopinion The High Court has held that an employee’s application for medical cover under the terms of his new, but unsigned, contract of employment meant that he was bound by its terms, including restrictive covenants. http://www.xperthr.co.uk/article/114649/employees-application-for-benefit-under-unsigned-contract-meant-he-was-bound-by-its-terms.aspx Tue, 30 Oct 2012 00:00:00 GMT xperthr/casereps/article114649employeesapplicationforbenefitunderunsignedcontractmeanthewasboundbyitstermsaspx/employeesapplicationforbenefitunderunsignedcontractmeanthewasboundbyitsterms The Supreme Court has held that civil courts should retain their discretion when deciding whether or not to strike out equal pay claims that are time-barred from being heard in the employment tribunal. http://www.xperthr.co.uk/article/114616/civil-courts-retain-discretion-on-striking-out-equal-pay-claims-time-barred-in-employment-tribunals.aspx Wed, 24 Oct 2012 00:00:00 GMT xperthr/casereps/article114616civilcourtsretaindiscretiononstrikingoutequalpayclaimstimebarredinemploymenttribunalsaspx/civilcourtsretaindiscretiononstrikingoutequalpayclaimstimebarredinemploymenttribunals The Employment Appeal Tribunal (EAT) has provided a reminder of how "establishment" should be defined for the purposes of consulting collectively on redundancies under s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992. http://www.xperthr.co.uk/article/114592/eat-revisits-definition-of-establishment-for-collective-redundancy-consultation.aspx Tue, 23 Oct 2012 00:00:00 GMT xperthr/casereps/article114592eatrevisitsdefinitionofestablishmentforcollectiveredundancyconsultationaspx/eatrevisitsdefinitionofestablishmentforcollectiveredundancyconsultation The European Court of Justice has decided that it does not have jurisdiction to hear the reference from the Court of Appeal seeking clarification on when the obligation to consult on collective redundancies is triggered. http://www.xperthr.co.uk/article/114561/ecj-has-no-jurisdiction-to-hear-uk-reference-on-trigger-point-for-collective-redundancy-consultation.aspx Thu, 18 Oct 2012 00:00:00 GMT xperthr/casereps/article114561ecjhasnojurisdictiontohearukreferenceontriggerpointforcollectiveredundancyconsultationaspx/ecjhasnojurisdictiontohearukreferenceontriggerpointforcollectiveredundancyconsultation The Supreme Court has remitted to the employment tribunal the case brought by British Airways pilots in relation to the inclusion of flying allowances in the calculation of their holiday pay, following the results of the reference to the European Court of Justice on whether or not "normal remuneration" during a period of annual leave should include allowances on top of basic pay. http://www.xperthr.co.uk/article/114553/supreme-court-remits-holiday-pay-case-brought-by-british-airways-pilots-to-employment-tribunal.aspx Wed, 17 Oct 2012 00:00:00 GMT xperthr/casereps/article114553supremecourtremitsholidaypaycasebroughtbybritishairwayspilotstoemploymenttribunalaspx/supremecourtremitsholidaypaycasebroughtbybritishairwayspilotstoemploymenttribunal The Employment Appeal Tribunal has held that the tribunal was correct to find that the respondent did not have an economic, technical or organisational (ETO) defence in respect of the two claimants, who were dismissed as a result of harmonisation following a post-TUPE transfer redundancy process. http://www.xperthr.co.uk/article/114234/tupe--harmonisation-after-a-redundancy-process-did-not-constitute-an-eto-reason-entailing-changes-in-the-workforce.aspx Thu, 13 Sep 2012 00:00:00 GMT xperthr/casereps/article114234tupeharmonisationafteraredundancyprocessdidnotconstituteanetoreasonentailingchangesintheworkforceaspx/tupeharmonisationafteraredundancyprocessdidnotconstituteanetoreasonentailingchangesintheworkforce The Employment Appeal Tribunal has held that only employees, and not workers, can be awarded a compensation uplift of up to 25% where the respondent has unreasonably failed to comply with the "Acas code of practice on disciplinary and grievance procedures". http://www.xperthr.co.uk/article/114159/eat-holds-workers-are-not-entitled-to-compensation-uplift-where-employer-fails-to-comply-with-acas-code.aspx Thu, 06 Sep 2012 00:00:00 GMT xperthr/casereps/article114159eatholdsworkersarenotentitledtocompensationupliftwhereemployerfailstocomplywithacascodeaspx/eatholdsworkersarenotentitledtocompensationupliftwhereemployerfailstocomplywithacascode The Employment Appeal Tribunal has held that, where the employer put an employee into a redundancy "pool of one" and did not consider the possibility of putting a wider pool of employees at risk of redundancy, the employment tribunal did not properly consider whether or not restricting the pool to one fell within the "range of reasonable responses". http://www.xperthr.co.uk/article/114072/restriction-of-redundancy-pool-to-one-employee-must-fall-within-range-of-reasonable-responses.aspx Tue, 28 Aug 2012 00:00:00 GMT xperthr/casereps/article114072restrictionofredundancypooltooneemployeemustfallwithinrangeofreasonableresponsesaspx/restrictionofredundancypooltooneemployeemustfallwithinrangeofreasonableresponses The Employment Appeal Tribunal has held that two claimants did not fail to mitigate their losses when they refused to accept self-employed terms offered by a transferee that refused to recognise the continuation of their employment under TUPE. http://www.xperthr.co.uk/article/114025/refusal-to-accept-self-employed-terms-after-tupe-transfer-not-a-failure-to-mitigate-loss.aspx Tue, 21 Aug 2012 00:00:00 GMT xperthr/casereps/article114025refusaltoacceptselfemployedtermsaftertupetransfernotafailuretomitigatelossaspx/refusaltoacceptselfemployedtermsaftertupetransfernotafailuretomitigateloss The Employment Appeal Tribunal has held that an employer was in fundamental breach of contract when it indicated to an employee on long-term sick leave its settled intention to reduce his sick pay by 50%, which was in breach of a collective agreement. http://www.xperthr.co.uk/article/113950/constructive-dismissal--employers-settled-intention-to-halve-employees-sick-pay-was-fundamental-breach-of-contract.aspx Tue, 14 Aug 2012 00:00:00 GMT xperthr/casereps/article113950constructivedismissalemployerssettledintentiontohalveemployeessickpaywasfundamentalbreachofcontractaspx/constructivedismissalemployerssettledintentiontohalveemployeessickpaywasfundamentalbreachofcontract The High Court has held that two government schemes in which individuals who are on jobseeker's allowance are given unpaid placements are lawful and not a breach of participants' human rights. http://www.xperthr.co.uk/article/113885/high-court-rules-governments-unpaid-jobseeker-schemes-to-be-lawful.aspx Mon, 06 Aug 2012 00:00:00 GMT xperthr/casereps/article113885highcourtrulesgovernmentsunpaidjobseekerschemestobelawfulaspx/highcourtrulesgovernmentsunpaidjobseekerschemestobelawful The Court of Appeal has held that a self-employed GP who provided hair restoration services for a private clinic was a "worker" for the purposes of the Employment Rights Act 1996. http://www.xperthr.co.uk/article/113877/court-of-appeal-rejects-argument-that-self-employed-contractors-cannot-be-workers.aspx Fri, 03 Aug 2012 00:00:00 GMT xperthr/casereps/article113877courtofappealrejectsargumentthatselfemployedcontractorscannotbeworkersaspx/courtofappealrejectsargumentthatselfemployedcontractorscannotbeworkers The Employment Appeal Tribunal has held that the employment tribunal was entitled to find that an employee was not constructively dismissed when he resigned after his manager unjustly took disciplinary action against him that was dropped after a swift and fair-minded investigation. http://www.xperthr.co.uk/article/113866/no-constructive-dismissal-of-suspended-employee-reinstated-following-grievance-over-unfair-disciplinary-action.aspx Wed, 01 Aug 2012 00:00:00 GMT xperthr/casereps/article113866noconstructivedismissalofsuspendedemployeereinstatedfollowinggrievanceoverunfairdisciplinaryactionaspx/noconstructivedismissalofsuspendedemployeereinstatedfollowinggrievanceoverunfairdisciplinaryaction The Court of Appeal has held that an NHS worker who was absent for the whole pay year and who did not submit any requests for annual leave during her absence was entitled to holiday pay on the termination of her employment. http://www.xperthr.co.uk/article/113812/nhs-worker-who-made-no-holiday-requests-during-long-term-sick-leave-entitled-to-holiday-pay-on-termination.aspx Wed, 25 Jul 2012 00:00:00 GMT xperthr/casereps/article113812nhsworkerwhomadenoholidayrequestsduringlongtermsickleaveentitledtoholidaypayonterminationaspx/nhsworkerwhomadenoholidayrequestsduringlongtermsickleaveentitledtoholidaypayontermination In holding that an employer did not fundamentally breach an employee’s contract by failing to make her redundant, the Employment Appeal Tribunal has suggested that a redundancy situation will not arise where there is only a diminution in an employer’s need for particular work to be carried out, rather than a reduction in the number of employees required to do that work. http://www.xperthr.co.uk/article/113797/eat-suggests-that-diminution-in-work-alone-does-not-create-a-redundancy-situation.aspx Wed, 25 Jul 2012 00:00:00 GMT xperthr/casereps/article113797eatsuggeststhatdiminutioninworkalonedoesnotcreatearedundancysituationaspx/eatsuggeststhatdiminutioninworkalonedoesnotcreatearedundancysituation The Court of Appeal has upheld a decision that OFCOM was entitled, in dismissing an employee, to rely on an official disclosure that he presented a risk to children and consider the potential reputational damage if the allegations against him were true. http://www.xperthr.co.uk/article/113747/employer-concerned-about-reputation-fairly-dismissed-employee-on-basis-of-unproven-allegations-regarding-children.aspx Wed, 18 Jul 2012 00:00:00 GMT xperthr/casereps/article113747employerconcernedaboutreputationfairlydismissedemployeeonbasisofunprovenallegationsregardingchildrenaspx/employerconcernedaboutreputationfairlydismissedemployeeonbasisofunprovenallegationsregardingchildren The European Court of Justice has upheld the Swedish law that allows an employer to terminate an employee's contract of employment on the sole ground that he or she has reached the age of 67, taking no account of the pension that the employee will receive. http://www.xperthr.co.uk/article/113637/age-discrimination--ecj-rules-swedish-default-retirement-age-of-67-to-be-lawful.aspx Tue, 10 Jul 2012 00:00:00 GMT xperthr/casereps/article113637agediscriminationecjrulesswedishdefaultretirementageof67tobelawfulaspx/agediscriminationecjrulesswedishdefaultretirementageof67tobelawful The Employment Appeal Tribunal has affirmed the employment tribunal's decision that an employee, who was dismissed because of the employer's downturn in work and consequent reduction in the hours to be worked, was dismissed by reason of redundancy, even though there was no reduction in the employees required. http://www.xperthr.co.uk/article/113599/reduction-in-headcount-not-necessary-for-redundancy.aspx Thu, 05 Jul 2012 00:00:00 GMT xperthr/casereps/article113599reductioninheadcountnotnecessaryforredundancyaspx/reductioninheadcountnotnecessaryforredundancy The European Court of Justice has confirmed that a worker who is sick during a period of annual leave cannot be precluded from taking the holiday at a time other than that originally scheduled, irrespective of when the incapacity for work first arose. http://www.xperthr.co.uk/article/113490/sickness-during-annual-leave--holiday-can-be-taken-at-another-time-irrespective-of-when-incapacity-occurs.aspx Thu, 21 Jun 2012 00:00:00 GMT xperthr/casereps/article113490sicknessduringannualleaveholidaycanbetakenatanothertimeirrespectiveofwhenincapacityoccursaspx/sicknessduringannualleaveholidaycanbetakenatanothertimeirrespectiveofwhenincapacityoccurs The European Court of Justice has held that a clause in a collective agreement excluding professional experience acquired with another company in the same group when grading pay is not discriminatory on the ground of age. http://www.xperthr.co.uk/article/113392/no-age-discrimination-in-ignoring-experience-with-another-company-in-same-group-when-grading-pay.aspx Thu, 14 Jun 2012 00:00:00 GMT xperthr/casereps/article113392noagediscriminationinignoringexperiencewithanothercompanyinsamegroupwhengradingpayaspx/noagediscriminationinignoringexperiencewithanothercompanyinsamegroupwhengradingpay The Court of Appeal has held that a debt claim for a company's failure to provide pay in lieu of notice to a former employee could not be defended by the discovery after the termination of employment that he committed gross misconduct while in employment. http://www.xperthr.co.uk/article/113222/pay-in-lieu-of-notice--discovery-of-gross-misconduct-after-termination-did-not-absolve-employer-of-debt.aspx Tue, 29 May 2012 00:00:00 GMT xperthr/casereps/article113222payinlieuofnoticediscoveryofgrossmisconductafterterminationdidnotabsolveemployerofdebtaspx/payinlieuofnoticediscoveryofgrossmisconductafterterminationdidnotabsolveemployerofdebt The Court of Appeal has held that an employee who worked in the UK knowing that she did not have permission to do so was unable to claim discrimination against her unlawful employers, given that her illegal actions formed a material part of her discrimination claims. http://www.xperthr.co.uk/article/113183/au-pairs-discrimination-claims-barred-for-being-inextricably-linked-with-her-own-illegal-conduct.aspx Thu, 24 May 2012 00:00:00 GMT xperthr/casereps/article113183aupairsdiscriminationclaimsbarredforbeinginextricablylinkedwithherownillegalconductaspx/aupairsdiscriminationclaimsbarredforbeinginextricablylinkedwithherownillegalconduct The Court of Appeal has held that an NHS trust's decision to dismiss a doctor, which made it more difficult for him to practise in his chosen profession, did not engage his right to a fair and public hearing under the European Convention on Human Rights. http://www.xperthr.co.uk/article/113162/human-rights--nhs-trusts-decision-to-dismiss-doctor-did-not-engage-right-to-fair-and-public-hearing.aspx Tue, 22 May 2012 00:00:00 GMT xperthr/casereps/article113162humanrightsnhstrustsdecisiontodismissdoctordidnotengagerighttofairandpublichearingaspx/humanrightsnhstrustsdecisiontodismissdoctordidnotengagerighttofairandpublichearing The Employment Appeal Tribunal (EAT) has affirmed the employment tribunal's decision that an employee who was unfairly dismissed because the employer believed his prison sentence frustrated his contract of employment was guilty of contributory conduct. http://www.xperthr.co.uk/article/113141/employee-unfairly-dismissed-for-imprisonment-guilty-of-contributory-conduct.aspx Thu, 17 May 2012 00:00:00 GMT xperthr/casereps/article113141employeeunfairlydismissedforimprisonmentguiltyofcontributoryconductaspx/employeeunfairlydismissedforimprisonmentguiltyofcontributoryconduct The European Court of Justice has held that German legislation allowing for a carry-over period for untaken holiday of nine months, with the result that public servants forfeit their leave if it has not been taken within the period of nine months after the end of the leave year because of sickness, is unlawful. http://www.xperthr.co.uk/article/112975/holiday-and-sick-leave--carry-over-period-for-untaken-holiday-of-nine-months-unlawful.aspx Wed, 09 May 2012 00:00:00 GMT xperthr/casereps/article112975holidayandsickleavecarryoverperiodforuntakenholidayofninemonthsunlawfulaspx/holidayandsickleavecarryoverperiodforuntakenholidayofninemonthsunlawful The Supreme Court has held that a requirement that employees obtain a law degree before they could be promoted to the highest grade was indirect age discrimination against the claimant, who did not have enough time to complete a degree before he reached the employer's retirement age. However, it sent the case back to the employment tribunal to decide whether or not the employer's actions were justified as a proportionate means of achieving a legitimate aim. http://www.xperthr.co.uk/article/112845/supreme-court-holds-that-degree-requirement-for-promotion-was-indirect-age-discrimination-against-employee-nearing-retirement.aspx Thu, 26 Apr 2012 00:00:00 GMT xperthr/casereps/article112845supremecourtholdsthatdegreerequirementforpromotionwasindirectagediscriminationagainstemployeenearingretirementaspx/supremecourtholdsthatdegreerequirementforpromotionwasindirectagediscriminationagainstemployeenearingretirement The Supreme Court has provided guidance on the components needed to justify a compulsory retirement age, stressing that the chosen retirement age has to be appropriate and necessary in that particular business. It went on to say that, once a retirement age is justified for a workplace or group of workers, the employer does not have to justify every retirement on an individual basis. http://www.xperthr.co.uk/article/112844/age-discrimination--supreme-court-provides-guidance-on-justification-of-compulsory-retirement-age.aspx Thu, 26 Apr 2012 00:00:00 GMT xperthr/casereps/article112844agediscriminationsupremecourtprovidesguidanceonjustificationofcompulsoryretirementageaspx/agediscriminationsupremecourtprovidesguidanceonjustificationofcompulsoryretirementage The European Court of Justice has held that an employer is not obliged to provide an unsuccessful job applicant with information on the successful candidate, although a failure to do so could lead to an inference of discrimination in a subsequent tribunal claim. http://www.xperthr.co.uk/article/112817/eu-law-does-not-require-employers-to-disclose-details-of-successful-job-applicant-to-unsuccessful-candidate.aspx Tue, 24 Apr 2012 00:00:00 GMT xperthr/casereps/article112817eulawdoesnotrequireemployerstodisclosedetailsofsuccessfuljobapplicanttounsuccessfulcandidateaspx/eulawdoesnotrequireemployerstodisclosedetailsofsuccessfuljobapplicanttounsuccessfulcandidate The Employment Appeal Tribunal has held that the "refusal" or "proposed refusal" of a worker to accept his or her employer's contravention (or proposed contravention) of the Working Time Regulations 1998 (SI 1998/1833) must be communicated in advance to the employer. http://www.xperthr.co.uk/article/112777/workers-found-sleeping-at-work-not-asserting-right-to-rest-break.aspx Thu, 19 Apr 2012 00:00:00 GMT xperthr/casereps/article112777workersfoundsleepingatworknotassertingrighttorestbreakaspx/workersfoundsleepingatworknotassertingrighttorestbreak The Employment Appeal Tribunal has held that, in ascertaining whether or not words that reference a protected characteristic constitute unlawful discrimination, the conduct complained of must be seen in context. http://www.xperthr.co.uk/article/112751/eat-holds-that-context-is-everything-in-determining-whether-or-not-words-complained-of-constitute-discrimination.aspx Tue, 17 Apr 2012 00:00:00 GMT xperthr/casereps/article112751eatholdsthatcontextiseverythingindeterminingwhetherornotwordscomplainedofconstitutediscriminationaspx/eatholdsthatcontextiseverythingindeterminingwhetherornotwordscomplainedofconstitutediscrimination The Employment Appeal Tribunal has referred to the European Court of Justice the question of the extent to which employers can avoid giving workers daily rest periods and rest breaks because of the need for continuity of service or production. http://www.xperthr.co.uk/article/112676/eat-asks-ecj-about--workers-rights-to-daily-rest-and-rest-breaks-when-continuity-of-service-needed.aspx Tue, 10 Apr 2012 00:00:00 GMT xperthr/casereps/article112676eatasksecjaboutworkersrightstodailyrestandrestbreakswhencontinuityofserviceneededaspx/eatasksecjaboutworkersrightstodailyrestandrestbreakswhencontinuityofserviceneeded The Court of Appeal has held that, when the employer was informing the employee of the right to request not to retire under the repealed statutory default retirement procedures, it was required to cite para.5 of sch.6 to the Employment Equality (Age) Regulations 2006. However, the Court of Appeal said that there was no requirement on the employer to inform the employee of the requirements of a valid request. http://www.xperthr.co.uk/article/112663/statutory-retirement-procedures--court-of-appeal-considers-employers-notification-requirements.aspx Tue, 03 Apr 2012 00:00:00 GMT xperthr/casereps/article112663statutoryretirementprocedurescourtofappealconsidersemployersnotificationrequirementsaspx/statutoryretirementprocedurescourtofappealconsidersemployersnotificationrequirements The Court of Appeal has held that the employer was justified in dismissing a senior member of staff, who had been at risk of redundancy for some time, before he reached the age of 50 to avoid paying a pension "windfall". However, it stressed that the case had unusual facts and does not open the door for employers to time a reorganisation solely to prevent an employee from qualifying for enhanced pension rights. http://www.xperthr.co.uk/article/112578/age-discrimination--nhs-trust-justified-in-dismissing-redundant-chief-executive-before-50-to-avoid-windfall.aspx Mon, 26 Mar 2012 00:00:00 GMT xperthr/casereps/article112578agediscriminationnhstrustjustifiedindismissingredundantchiefexecutivebefore50toavoidwindfallaspx/agediscriminationnhstrustjustifiedindismissingredundantchiefexecutivebefore50toavoidwindfall The Advocate General has taken the view that the obligation on an employer to consult on collective redundancies is triggered when it makes a strategic or commercial decision that compels it to contemplate or plan for collective redundancies. http://www.xperthr.co.uk/article/112563/advocate-general-delivers-opinion-on-trigger-point-for-obligation-to-consult-on-collective-redundancies.aspx Fri, 23 Mar 2012 00:00:00 GMT xperthr/casereps/article112563advocategeneraldeliversopinionontriggerpointforobligationtoconsultoncollectiveredundanciesaspx/advocategeneraldeliversopinionontriggerpointforobligationtoconsultoncollectiveredundancies The Employment Appeal Tribunal has held that employees who resigned after being faced with a change of place of work to a different part of London because of a TUPE transfer were constructively dismissed. http://www.xperthr.co.uk/article/112434/tupe-transfers--move-to-new-location-across-london-entitled-employees-to-resign.aspx Tue, 13 Mar 2012 00:00:00 GMT xperthr/casereps/article112434tupetransfersmovetonewlocationacrosslondonentitledemployeestoresignaspx/tupetransfersmovetonewlocationacrosslondonentitledemployeestoresign The High Court has held that an employer was not liable for an HR professional's chronic fatigue syndrome because the employee's illness was not caused by her work. http://www.xperthr.co.uk/article/112391/no-employer-liability-for-hr-professionals-illness-not-caused-by-work.aspx Mon, 12 Mar 2012 00:00:00 GMT xperthr/casereps/article112391noemployerliabilityforhrprofessionalsillnessnotcausedbyworkaspx/noemployerliabilityforhrprofessionalsillnessnotcausedbywork The Employment Appeal Tribunal (EAT) has held that the dismissal of employees TUPE transferred to a company that engaged individuals only under a franchise agreement could amount to an economic, technical or organisational reason (ETO) for dismissal entailing changes to the workforce. http://www.xperthr.co.uk/article/112354/tupe-transfers--move-to-franchise-model-can-be-eto-reason-for-dismissal.aspx Thu, 08 Mar 2012 00:00:00 GMT xperthr/casereps/article112354tupetransfersmovetofranchisemodelcanbeetoreasonfordismissalaspx/tupetransfersmovetofranchisemodelcanbeetoreasonfordismissal The High Court has held that trade unions may exercise their own judgment about what reasonable steps to take in a given situation to comply with the statutory balloting requirements. http://www.xperthr.co.uk/article/112253/trade-unions-can-exercise-own-judgment-to-comply-with-statutory-balloting-requirements.aspx Tue, 28 Feb 2012 00:00:00 GMT xperthr/casereps/article112253tradeunionscanexerciseownjudgmenttocomplywithstatutoryballotingrequirementsaspx/tradeunionscanexerciseownjudgmenttocomplywithstatutoryballotingrequirements The Employment Appeal Tribunal has held that the employer's decision to restrict a redundancy selection to one employee when there were other employees doing the same job who could have been put in a redundancy selection pool made his dismissal unfair. http://www.xperthr.co.uk/article/112233/employers-decision-to-restrict-redundancy-selection-to-one-made-dismissal-unfair.aspx Tue, 28 Feb 2012 00:00:00 GMT xperthr/casereps/article112233employersdecisiontorestrictredundancyselectiontoonemadedismissalunfairaspx/employersdecisiontorestrictredundancyselectiontoonemadedismissalunfair The Employment Appeal Tribunal has held that, where a dismissal is because of the normal expiry of a fixed-term contract, the dismissal does not count for the purposes of collective redundancy consultation, because one of the reasons for dismissal will be "related to the individual concerned". http://www.xperthr.co.uk/article/112190/eat-holds-dismissals-on-normal-expiry-of-fixed-term-contracts-do-not-count-for-collective-redundancy-consultation.aspx Thu, 23 Feb 2012 00:00:00 GMT xperthr/casereps/article112190eatholdsdismissalsonnormalexpiryoffixedtermcontractsdonotcountforcollectiveredundancyconsultationaspx/eatholdsdismissalsonnormalexpiryoffixedtermcontractsdonotcountforcollectiveredundancyconsultation A Court of Appeal judge has taken the unusual step of criticising employers that are too quick to suspend employees accused of wrongdoing, after an NHS trust suspended and reported to the police two long-serving nurses who were accused of using inappropriate methods to restrain a violent patient. http://www.xperthr.co.uk/article/112177/judge-criticises-knee-jerk-decisions-to-suspend-after-nhs-trust-unfairly-dismisses-nurses.aspx Wed, 22 Feb 2012 00:00:00 GMT xperthr/casereps/article112177judgecriticiseskneejerkdecisionstosuspendafternhstrustunfairlydismissesnursesaspx/judgecriticiseskneejerkdecisionstosuspendafternhstrustunfairlydismissesnurses The Employment Appeal Tribunal has held that the employer was justified in deciding who would be chosen for voluntary redundancy on the basis of who would cost the least to make redundant, despite this criterion being indirectly discriminatory against a particular group of older workers. http://www.xperthr.co.uk/article/112117/age-discrimination--redundancy-selection-based-on-cost-was-justified.aspx Mon, 20 Feb 2012 00:00:00 GMT xperthr/casereps/article112117agediscriminationredundancyselectionbasedoncostwasjustifiedaspx/agediscriminationredundancyselectionbasedoncostwasjustified The Supreme Court has held that, in deciding whether or not an employee who works overseas can claim unfair dismissal, the test is whether or not the connection between Great Britain and the employment is sufficiently strong to overcome the general rule that the place of employment is decisive. http://www.xperthr.co.uk/article/112096/supreme-court-rules-on-correct-test-for-whether-or-not-employees-who-work-overseas-can-claim-unfair-dismissal.aspx Thu, 16 Feb 2012 00:00:00 GMT xperthr/casereps/article112096supremecourtrulesoncorrecttestforwhetherornotemployeeswhoworkoverseascanclaimunfairdismissalaspx/supremecourtrulesoncorrecttestforwhetherornotemployeeswhoworkoverseascanclaimunfairdismissal The European Court of Justice has said that it is contrary to the Working Time Directive (03/88/EC) for national legislation to make entitlement to paid annual leave conditional on a worker having worked a minimum of 10 days for the same employer in the holiday year. http://www.xperthr.co.uk/article/112061/ecj--national-legislation-cannot-make-paid-annual-leave-conditional-on-minimum-period-of-work.aspx Mon, 13 Feb 2012 00:00:00 GMT xperthr/casereps/article112061ecjnationallegislationcannotmakepaidannualleaveconditionalonminimumperiodofworkaspx/ecjnationallegislationcannotmakepaidannualleaveconditionalonminimumperiodofwork The Court of Appeal has affirmed that, where an employee inflicts violence on another employee or third party, the vicarious liability of the employer for the employee’s violent act will depend on the closeness of the violent act to the employee’s employment. http://www.xperthr.co.uk/article/112056/employer-vicariously-liable-for-employees-assault-on-managing-director.aspx Fri, 10 Feb 2012 00:00:00 GMT xperthr/casereps/article112056employervicariouslyliableforemployeesassaultonmanagingdirectoraspx/employervicariouslyliableforemployeesassaultonmanagingdirector The European Court of Justice has suggested that it may be possible for employers to justify engaging an individual for more than four years on a succession of fixed-term contracts as he or she moves around to cover work for different absent employees. http://www.xperthr.co.uk/article/111958/ecj--renewal-of-fixed-term-employment-contracts-may-be-justified-by-replacement-needs.aspx Mon, 06 Feb 2012 00:00:00 GMT xperthr/casereps/article111958ecjrenewaloffixedtermemploymentcontractsmaybejustifiedbyreplacementneedsaspx/ecjrenewaloffixedtermemploymentcontractsmaybejustifiedbyreplacementneeds The Employment Appeal Tribunal has held that the employment tribunal was entitled to find that a gay barrister was discriminated against when he discovered a memorandum that made derogatory comments about his sexual orientation. http://www.xperthr.co.uk/article/111956/gay-lawyer-who-discovered-homophobic-comment-in-case-file-was-discriminated-against.aspx Mon, 06 Feb 2012 00:00:00 GMT xperthr/casereps/article111956gaylawyerwhodiscoveredhomophobiccommentincasefilewasdiscriminatedagainstaspx/gaylawyerwhodiscoveredhomophobiccommentincasefilewasdiscriminatedagainst The Employment Appeal Tribunal has held that a worker who had not opted out of the 48-hour working week did not suffer detrimental treatment when his employer refused him the opportunity to work voluntary overtime on a rest day. http://www.xperthr.co.uk/article/111894/overtime-refusal-for-not-opting-out-of-48-hour-working-week-not-a-detriment.aspx Mon, 30 Jan 2012 00:00:00 GMT xperthr/casereps/article111894overtimerefusalfornotoptingoutof48hourworkingweeknotadetrimentaspx/overtimerefusalfornotoptingoutof48hourworkingweeknotadetriment The Court of Appeal has held that, for there to be an automatic unfair dismissal under TUPE, there does not need to have been a particular transfer or transferee in existence or in contemplation at the time of the dismissal. http://www.xperthr.co.uk/article/111833/tupe--no-need-for-contemplation-of-specific-transfer-for-automatic-unfair-dismissal.aspx Mon, 23 Jan 2012 00:00:00 GMT xperthr/casereps/article111833tupenoneedforcontemplationofspecifictransferforautomaticunfairdismissalaspx/tupenoneedforcontemplationofspecifictransferforautomaticunfairdismissal The Employment Appeal Tribunal has held that the employment tribunal was wrong to hold that a former apprentice, who had a "university sponsorship contract" with the respondent company, was an employee and had been unfairly dismissed when that contract came to an end. http://www.xperthr.co.uk/article/111813/former-apprentice-on-university-sponsorship-training-contract-was-not-an-employee.aspx Wed, 18 Jan 2012 00:00:00 GMT xperthr/casereps/article111813formerapprenticeonuniversitysponsorshiptrainingcontractwasnotanemployeeaspx/formerapprenticeonuniversitysponsorshiptrainingcontractwasnotanemployee The Court of Appeal has held that a transfer from a company in administration does not lead to an exemption from automatic employee transfer under reg.8(7) of TUPE. http://www.xperthr.co.uk/article/111690/no-tupe-exemption-for-transfers-from-companies-in-administration.aspx Mon, 09 Jan 2012 00:00:00 GMT xperthr/casereps/article111690notupeexemptionfortransfersfromcompaniesinadministrationaspx/notupeexemptionfortransfersfromcompaniesinadministration The Supreme Court has held that employees may not recover damages in civil courts for loss suffered as a result of a breach of their contract of employment in relation to the manner of their dismissal unless the loss can be said to precede and be independent of the dismissal. http://www.xperthr.co.uk/article/111623/supreme-court-limits-recovery-of-civil-damages-for-breach-of-contractual-disciplinary-proceedings.aspx Thu, 22 Dec 2011 00:00:00 GMT xperthr/casereps/article111623supremecourtlimitsrecoveryofcivildamagesforbreachofcontractualdisciplinaryproceedingsaspx/supremecourtlimitsrecoveryofcivildamagesforbreachofcontractualdisciplinaryproceedings The Supreme Court has held that offshore oil-rig workers are not entitled to annual leave in addition to their onshore breaks. http://www.xperthr.co.uk/article/111484/oil-rig-workers-can-be-required-to-take-annual-leave-during-onshore-field-breaks.aspx Mon, 12 Dec 2011 00:00:00 GMT xperthr/casereps/article111484oilrigworkerscanberequiredtotakeannualleaveduringonshorefieldbreaksaspx/oilrigworkerscanberequiredtotakeannualleaveduringonshorefieldbreaks The Court of Appeal has held that civil courts should not strike out equal pay claims that are time-barred from the employment tribunal unless the claimant's reasons for failing to bring the claim in the tribunal amount to an abuse of process. http://www.xperthr.co.uk/article/111419/civil-courts-discretion-to-strike-out-equal-pay-claims-time-barred-from-tribunal.aspx Wed, 07 Dec 2011 00:00:00 GMT xperthr/casereps/article111419civilcourtsdiscretiontostrikeoutequalpayclaimstimebarredfromtribunalaspx/civilcourtsdiscretiontostrikeoutequalpayclaimstimebarredfromtribunal The Employment Appeal Tribunal has held that discrimination on the ground of "marital status" under the Sex Discrimination Act 1975 can cover less favourable treatment because the individual is married to a particular person. http://www.xperthr.co.uk/article/111408/employee-can-be-discriminated-against-because-of-marriage-to-particular-person.aspx Tue, 06 Dec 2011 00:00:00 GMT xperthr/casereps/article111408employeecanbediscriminatedagainstbecauseofmarriagetoparticularpersonaspx/employeecanbediscriminatedagainstbecauseofmarriagetoparticularperson The Court of Session has held that a group of administrative and clerical female workers making equal pay claims against a local authority were on "common terms and conditions" with a group of male manual workers who were based in different locations. http://www.xperthr.co.uk/article/111332/female-local-authority-workers-employed-on-common-terms-and-conditions-with-male-comparators.aspx Mon, 28 Nov 2011 00:00:00 GMT xperthr/casereps/article111332femalelocalauthorityworkersemployedoncommontermsandconditionswithmalecomparatorsaspx/femalelocalauthorityworkersemployedoncommontermsandconditionswithmalecomparators The European Court of Justice has confirmed that the Working Time Directive (03/88/EC) does not require an unlimited accumulation of a worker's paid annual leave during a period of long-term sickness absence. http://www.xperthr.co.uk/article/111293/ecj-provides-guidance-on-carry-over-of-annual-leave-during-long-term-sick-leave.aspx Wed, 23 Nov 2011 00:00:00 GMT xperthr/casereps/article111293ecjprovidesguidanceoncarryoverofannualleaveduringlongtermsickleaveaspx/ecjprovidesguidanceoncarryoverofannualleaveduringlongtermsickleave The Court of Appeal has held that there could be no remedy for part-time female workers who were prevented from joining an occupational pension scheme during particular periods because they would not have chosen to join the pension scheme even if they had been eligible to do so. http://www.xperthr.co.uk/article/111200/no-remedy-for-part-time-female-workers-who-chose-not-to-join-pension-scheme-previously-closed-to-them.aspx Wed, 16 Nov 2011 00:00:00 GMT xperthr/casereps/article111200noremedyforparttimefemaleworkerswhochosenottojoinpensionschemepreviouslyclosedtothemaspx/noremedyforparttimefemaleworkerswhochosenottojoinpensionschemepreviouslyclosedtothem The High Court has listed some of the factors that a court may take into account when determining whether or not a provision, for example a provision in a disciplinary procedure, is apt for incorporation into an employee's contract of employment. http://www.xperthr.co.uk/article/111149/high-court-provides-guidance-on-when-a-provision-has-contractual-effect.aspx Wed, 09 Nov 2011 00:00:00 GMT xperthr/casereps/article111149highcourtprovidesguidanceonwhenaprovisionhascontractualeffectaspx/highcourtprovidesguidanceonwhenaprovisionhascontractualeffect The Employment Appeal Tribunal has held that employees on sick leave must, to be paid for holiday under the Working Time Regulations 1998, give the required statutory notice during the relevant leave year of their intention to take that holiday. http://www.xperthr.co.uk/article/111139/eat-rules-sick-employees-must-give-notice-of-intention-to-take-holiday-in-order-to-be-paid-for-it.aspx Wed, 09 Nov 2011 00:00:00 GMT xperthr/casereps/article111139eatrulessickemployeesmustgivenoticeofintentiontotakeholidayinordertobepaidforitaspx/eatrulessickemployeesmustgivenoticeofintentiontotakeholidayinordertobepaidforit The Employment Appeal Tribunal has held that the tribunal was wrong to uphold a wrongful dismissal claim where the employee was summarily dismissed for a persistent and deliberate refusal to comply with a reasonable management instruction. http://www.xperthr.co.uk/article/111106/tribunal-wrong-to-hold-that-employee-summarily-dismissed-for-failing-to-comply-with-a-reasonable-instruction-was-entitled-to-notic.aspx Mon, 07 Nov 2011 00:00:00 GMT xperthr/casereps/article111106tribunalwrongtoholdthatemployeesummarilydismissedforfailingtocomplywithareasonableinstructionwasentitledtonoticaspx/tribunalwrongtoholdthatemployeesummarilydismissedforfailingtocomplywithareasonableinstructionwasentitledtonotice The Court of Appeal has held that the test where a worker is alleging a detriment for whistleblowing is to decide whether or not the protected disclosure has materially influenced (in the sense of being more than a trivial influence) the employer's treatment of the individual. http://www.xperthr.co.uk/article/111019/whistleblowing-victimisation--court-of-appeal-sets-out-correct-causation-test.aspx Thu, 27 Oct 2011 00:00:00 GMT xperthr/casereps/article111019whistleblowingvictimisationcourtofappealsetsoutcorrectcausationtestaspx/whistleblowingvictimisationcourtofappealsetsoutcorrectcausationtest The Court of Appeal has held that the employer could not retract clear written words of dismissal that were accepted at face value by the employee, even though the inclusion of the words in the letter was a mistake. http://www.xperthr.co.uk/article/110954/no-special-circumstances-retraction-for-clear-but-mistaken-words-of-dismissal.aspx Tue, 18 Oct 2011 00:00:00 GMT xperthr/casereps/article110954nospecialcircumstancesretractionforclearbutmistakenwordsofdismissalaspx/nospecialcircumstancesretractionforclearbutmistakenwordsofdismissal The Employment Appeal Tribunal has confirmed that an agreed variation of an employment contract following a TUPE transfer is effective where the transfer is not the sole or principal reason for the variation. http://www.xperthr.co.uk/article/110940/eat-holds-agreed-contractual-variation-following-tupe-transfer-was-not-void.aspx Mon, 17 Oct 2011 00:00:00 GMT xperthr/casereps/article110940eatholdsagreedcontractualvariationfollowingtupetransferwasnotvoidaspx/eatholdsagreedcontractualvariationfollowingtupetransferwasnotvoid The Employment Appeal Tribunal has held that the Foreign and Commonwealth Office (FCO) did not discriminate against a deaf diplomat when it withdrew an offer of an assignment in Kazakhstan after an assessment showed that the cost of providing lipspeakers would have been prohibitive. http://www.xperthr.co.uk/article/110865/disability-discrimination--prohibitive-cost-of-adjustments-to-relocate-deaf-diplomat.aspx Tue, 11 Oct 2011 00:00:00 GMT xperthr/casereps/article110865disabilitydiscriminationprohibitivecostofadjustmentstorelocatedeafdiplomataspx/disabilitydiscriminationprohibitivecostofadjustmentstorelocatedeafdiplomat The Employment Appeal Tribunal has found that two members of a board were jointly and severally liable for unfair dismissal and religious discrimination, the compensation for which could include aggravated damages arising out of their post-employment conduct. http://www.xperthr.co.uk/article/110794/members-of-board-jointly-and-severally-liable-for-religious-discrimination.aspx Wed, 05 Oct 2011 00:00:00 GMT xperthr/casereps/article110794membersofboardjointlyandseverallyliableforreligiousdiscriminationaspx/membersofboardjointlyandseverallyliableforreligiousdiscrimination The Court of Appeal has held that a reference raising unsubstantiated concerns about an ex-employee's performance was not unfair. http://www.xperthr.co.uk/article/110703/court-of-appeal-finds-reference-containing-unsubstantiated-allegations-not-unfair.aspx Mon, 26 Sep 2011 00:00:00 GMT xperthr/casereps/article110703courtofappealfindsreferencecontainingunsubstantiatedallegationsnotunfairaspx/courtofappealfindsreferencecontainingunsubstantiatedallegationsnotunfair The Employment Appeal Tribunal has held that, where an employer offers an incentive to employees to secure agreement to variation of their contracts, it is not unreasonable not to offer that benefit as part of an offer of re-engagement following dismissals for failure to agree. http://www.xperthr.co.uk/article/110685/offer-of-re-engagement-does-not-need-to-include-incentive-previously-offered-to-secure-agreement-to-variation-of-contract.aspx Thu, 22 Sep 2011 00:00:00 GMT xperthr/casereps/article110685offerofreengagementdoesnotneedtoincludeincentivepreviouslyofferedtosecureagreementtovariationofcontractaspx/offerofreengagementdoesnotneedtoincludeincentivepreviouslyofferedtosecureagreementtovariationofcontract The European Court of Justice has considered whether or not "normal remuneration" during a period of annual leave should include allowances on top of basic pay, in the context of a dispute over how the holiday pay of British Airways pilots who are paid flying allowances as well as basic pay should be calculated. http://www.xperthr.co.uk/article/110629/ecj--british-airways-pilots-holiday-pay-should-include-flying-allowances.aspx Tue, 20 Sep 2011 00:00:00 GMT xperthr/casereps/article110629ecjbritishairwayspilotsholidaypayshouldincludeflyingallowancesaspx/ecjbritishairwayspilotsholidaypayshouldincludeflyingallowances The European Court of Justice has held that a rule in a collective agreement applicable to the crew of the German airline Deutsche Lufthansa prohibiting pilots from flying after the age of 60 is discriminatory on the ground of age. http://www.xperthr.co.uk/article/110612/age-discrimination--german-collective-agreement-requiring-pilots-to-retire-at-60.aspx Mon, 19 Sep 2011 00:00:00 GMT xperthr/casereps/article110612agediscriminationgermancollectiveagreementrequiringpilotstoretireat60aspx/agediscriminationgermancollectiveagreementrequiringpilotstoretireat60 The Court of Appeal has held that a lone security guard who could take a rest break during a 12-hour shift, but who had to be on call during that time and could start his rest break again if it was interrupted, was given "compensatory rest" under the Working Time Regulations 1998. http://www.xperthr.co.uk/article/110573/rest-breaks--court-of-appeal-on-compensatory-rest-for-lone-security-guard-on-12-hour-shift.aspx xperthr/casereps/article110573restbreakscourtofappealoncompensatoryrestforlonesecurityguardon12hourshiftaspx/restbreakscourtofappealoncompensatoryrestforlonesecurityguardon12hourshift The Employment Appeal Tribunal has confirmed that a proposed adjustment will constitute a "reasonable adjustment" within the meaning of the Disability Discrimination Act 1995 only where it prevents the provision, criterion or practice that places the disabled person at a substantial disadvantage. http://www.xperthr.co.uk/article/110465/disability-discrimination--eat-provides-guidance-on-definition-of-reasonable-adjustments.aspx Thu, 01 Sep 2011 00:00:00 GMT xperthr/casereps/article110465disabilitydiscriminationeatprovidesguidanceondefinitionofreasonableadjustmentsaspx/disabilitydiscriminationeatprovidesguidanceondefinitionofreasonableadjustments The Employment Appeal Tribunal has confirmed that continuity of employment, for the purposes of calculating a claimant's basic award for unfair dismissal, does not arise in the NHS, where the claimant has worked for several different health service employers, unless s.218(8) of the Employment Rights Act 1996 or the TUPE legislation applies. http://www.xperthr.co.uk/article/110425/eat-provides-guidance-on-when-continuity-of-employment-does-not-arise-in-the-nhs.aspx Tue, 30 Aug 2011 00:00:00 GMT xperthr/casereps/article110425eatprovidesguidanceonwhencontinuityofemploymentdoesnotariseinthenhsaspx/eatprovidesguidanceonwhencontinuityofemploymentdoesnotariseinthenhs The Employment Appeal Tribunal has upheld the employment tribunal decision that a former NHS trust chief executive was automatically unfairly dismissed for making a protected disclosure. http://www.xperthr.co.uk/article/110373/eat-upholds-decision-that-former-nhs-trust-chief-executive-was-dismissed-for-making-protected-disclosure.aspx Mon, 22 Aug 2011 00:00:00 GMT xperthr/casereps/article110373eatupholdsdecisionthatformernhstrustchiefexecutivewasdismissedformakingprotecteddisclosureaspx/eatupholdsdecisionthatformernhstrustchiefexecutivewasdismissedformakingprotecteddisclosure The Employment Appeal Tribunal has held that, where an employee on notice is summarily dismissed before accruing one year’s service, he or she loses any right to claim ordinary unfair dismissal. http://www.xperthr.co.uk/article/110276/unfair-dismissal--summary-dismissal-during-notice-period-alters-effective-date-of-termination.aspx Mon, 15 Aug 2011 00:00:00 GMT xperthr/casereps/article110276unfairdismissalsummarydismissalduringnoticeperiodalterseffectivedateofterminationaspx/unfairdismissalsummarydismissalduringnoticeperiodalterseffectivedateoftermination The High Court has held that the process for a doctor's dismissal did not engage his right to a fair and public hearing under the European Convention on Human Rights. http://www.xperthr.co.uk/article/110254/doctors-dismissal-did-not-engage-european-convention-on-human-rights.aspx Thu, 11 Aug 2011 00:00:00 GMT xperthr/casereps/article110254doctorsdismissaldidnotengageeuropeanconventiononhumanrightsaspx/doctorsdismissaldidnotengageeuropeanconventiononhumanrights The Supreme Court has affirmed that, where a party asserts that a written term does not reflect the reality of the agreement, tribunals and courts may look outside the terms to determine the true nature of the agreement. http://www.xperthr.co.uk/article/110196/supreme-court-affirms-correct-test-for-disregarding-written-contractual-terms.aspx Thu, 04 Aug 2011 00:00:00 GMT xperthr/casereps/article110196supremecourtaffirmscorrecttestfordisregardingwrittencontractualtermsaspx/supremecourtaffirmscorrecttestfordisregardingwrittencontractualterms The Court of Appeal has confirmed that a director who has failed to disclose a benefit to his or her fellow directors will be in breach of the fiduciary duties of loyalty and "no conflict", even where there is no loss to the company. http://www.xperthr.co.uk/article/110153/court-of-appeal-finds-director-in-breach-of-fiduciary-duties-even-where-no-loss-to-company.aspx Tue, 02 Aug 2011 00:00:00 GMT xperthr/casereps/article110153courtofappealfindsdirectorinbreachoffiduciarydutiesevenwherenolosstocompanyaspx/courtofappealfindsdirectorinbreachoffiduciarydutiesevenwherenolosstocompany The Employment Appeal Tribunal has held that a worker absent for the whole pay year, but who does not submit a request for the annual leave before the pay year ends, does not forfeit his or her entitlement to paid annual leave. http://www.xperthr.co.uk/article/110137/worker-who-made-no-holiday-requests-during-long-term-sick-leave-still-entitled-to-statutory-holiday-pay.aspx Mon, 01 Aug 2011 00:00:00 GMT xperthr/casereps/article110137workerwhomadenoholidayrequestsduringlongtermsickleavestillentitledtostatutoryholidaypayaspx/workerwhomadenoholidayrequestsduringlongtermsickleavestillentitledtostatutoryholidaypay The European Court of Justice (ECJ) has held that German legislation that requires civil servants to retire at 65 can be justified if "appropriate and necessary" means are used to achieve the aim of balancing the employment levels of young and older civil servants to encourage the recruitment and promotion of young people. It also stressed that budgetary considerations cannot by themselves constitute a legitimate aim in relation to a member state's social policy. http://www.xperthr.co.uk/article/110031/ecj-considers-justification-of-compulsory-retirement-at-65-in-german-context.aspx Mon, 25 Jul 2011 00:00:00 GMT xperthr/casereps/article110031ecjconsidersjustificationofcompulsoryretirementat65ingermancontextaspx/ecjconsidersjustificationofcompulsoryretirementat65ingermancontext The Supreme Court has held that teachers employed by the Government to work in European Schools, which it described as "international enclaves", are entitled to bring unfair dismissal claims in the UK. http://www.xperthr.co.uk/article/109995/teachers-working-abroad-in-european-schools-can-bring-uk-unfair-dismissal-claims.aspx Wed, 20 Jul 2011 00:00:00 GMT xperthr/casereps/article109995teachersworkingabroadineuropeanschoolscanbringukunfairdismissalclaimsaspx/teachersworkingabroadineuropeanschoolscanbringukunfairdismissalclaims The Employment Appeal Tribunal has held that an employer's compliance with the TUPE legislation to preserve existing contractual terms and conditions that results in a disparity in pay can amount to a genuine material factor that may provide a defence to an equal pay claim. http://www.xperthr.co.uk/article/109960/equal-pay--employer-not-obliged-to-close-pay-gap-following-tupe-transfer.aspx Tue, 19 Jul 2011 00:00:00 GMT xperthr/casereps/article109960equalpayemployernotobligedtoclosepaygapfollowingtupetransferaspx/equalpayemployernotobligedtoclosepaygapfollowingtupetransfer The Supreme Court has held that closed material procedures are not contrary to EU law or the European Convention on Human Rights and that, where an individual’s liberty is not involved, “gisting” is not required. http://www.xperthr.co.uk/article/109956/closed-material-procedure--gisting-not-required-where-claimants-liberty-not-involved.aspx Tue, 19 Jul 2011 00:00:00 GMT xperthr/casereps/article109956closedmaterialproceduregistingnotrequiredwhereclaimantslibertynotinvolvedaspx/closedmaterialproceduregistingnotrequiredwhereclaimantslibertynotinvolved The Employment Appeal Tribunal has held that an employer that follows the procedural requirements of the repealed statutory retirement procedure, but refuses to countenance the possibility that a request not to retire might be granted, can be in breach of the statutory retirement procedure. http://www.xperthr.co.uk/article/109932/statutory-retirement-procedure--employers-must-consider-requests-not-to-retire-in-good-faith.aspx Mon, 18 Jul 2011 00:00:00 GMT xperthr/casereps/article109932statutoryretirementprocedureemployersmustconsiderrequestsnottoretireingoodfaithaspx/statutoryretirementprocedureemployersmustconsiderrequestsnottoretireingoodfaith The Court of Appeal has held that a gay employee, who had revealed his sexual orientation at his previous office, was not discriminated against at his new office when his manager mentioned his sexual orientation to, and in front of, colleagues. http://www.xperthr.co.uk/article/109859/comments-about-employees-sexual-orientation-after-he-came-out-were-not-discrimination.aspx Tue, 12 Jul 2011 00:00:00 GMT xperthr/casereps/article109859commentsaboutemployeessexualorientationafterhecameoutwerenotdiscriminationaspx/commentsaboutemployeessexualorientationafterhecameoutwerenotdiscrimination The Employment Appeal Tribunal has held that, when considering whether or not a dismissal for refusing to take a pay cut was fair for "some other substantial reason", the employment tribunal should look at the reasonableness of the employer's decision to dismiss, not whether or not the employee was reasonable in refusing the reduction in wages. http://www.xperthr.co.uk/article/109844/eat-considers-test-for-reasonableness-of-dismissal-for-refusal-to-take-a-pay-cut.aspx Mon, 11 Jul 2011 00:00:00 GMT xperthr/casereps/article109844eatconsiderstestforreasonablenessofdismissalforrefusaltotakeapaycutaspx/eatconsiderstestforreasonablenessofdismissalforrefusaltotakeapaycut The Employment Appeal Tribunal has held that the employment tribunal had not considered properly the evidence as to whether or not a significant group of Sikhs were disadvantaged by a council's policy that all staff who used of the communal staff kitchen had to join the rota to clean the fridge. http://www.xperthr.co.uk/article/109846/religious-discrimination--sikh-council-workers-refusal-to-join-cleaning-rota-for-communal-fridge.aspx Mon, 11 Jul 2011 00:00:00 GMT xperthr/casereps/article109846religiousdiscriminationsikhcouncilworkersrefusaltojoincleaningrotaforcommunalfridgeaspx/religiousdiscriminationsikhcouncilworkersrefusaltojoincleaningrotaforcommunalfridge The Employment Appeal Tribunal has held that the tribunal was correct to find that a termination payment labelled as “ex gratia” was not pay in lieu of notice. http://www.xperthr.co.uk/article/109823/termination-payment-labelled-ex-gratia-was-not-pay-in-lieu-of-notice.aspx Thu, 07 Jul 2011 00:00:00 GMT xperthr/casereps/article109823terminationpaymentlabelledexgratiawasnotpayinlieuofnoticeaspx/terminationpaymentlabelledexgratiawasnotpayinlieuofnotice The Employment Appeal Tribunal has held that the employment tribunal was entitled to impose a wide range of recommendations on a school that it found had committed age discrimination, included requiring a review of many of its policies by an HR professional. http://www.xperthr.co.uk/article/109783/age-discrimination--eat-refuses-to-interfere-with-tribunals-wide-ranging-recommendations.aspx Tue, 05 Jul 2011 00:00:00 GMT xperthr/casereps/article109783agediscriminationeatrefusestointerferewithtribunalswiderangingrecommendationsaspx/agediscriminationeatrefusestointerferewithtribunalswiderangingrecommendations The Employment Appeal Tribunal has held that a claimant does not establish an inference of discrimination simply by showing that he or she has been dismissed and replaced by another person whose protected characteristics are different from his or her own characteristics. http://www.xperthr.co.uk/article/109710/eat-strikes-out-discrimination-claims-based-solely-on-replacements-race-and-sex.aspx Thu, 30 Jun 2011 00:00:00 GMT xperthr/casereps/article109710eatstrikesoutdiscriminationclaimsbasedsolelyonreplacementsraceandsexaspx/eatstrikesoutdiscriminationclaimsbasedsolelyonreplacementsraceandsex The Supreme Court held that it was not a breach of a teaching assistant's human rights to refuse him the right to be accompanied by a lawyer at a disciplinary hearing to address an allegation of acting inappropriately towards a pupil. http://www.xperthr.co.uk/article/109700/supreme-court--no-entitlement-to-legal-representation-at-disciplinary-hearing-for-teaching-assistant.aspx Wed, 29 Jun 2011 00:00:00 GMT xperthr/casereps/article109700supremecourtnoentitlementtolegalrepresentationatdisciplinaryhearingforteachingassistantaspx/supremecourtnoentitlementtolegalrepresentationatdisciplinaryhearingforteachingassistant The Employment Appeal Tribunal has held that it was not a reasonable adjustment for the subjective redundancy selection criteria by which a disabled employee who was at risk of redundancy was judged to be removed from the process. http://www.xperthr.co.uk/article/109702/disability--use-of-purely-objective-criteria-in-redundancy-selection-not-a-reasonable-adjustment-in-creative-environment.aspx Wed, 29 Jun 2011 00:00:00 GMT xperthr/casereps/article109702disabilityuseofpurelyobjectivecriteriainredundancyselectionnotareasonableadjustmentincreativeenvironmentaspx/disabilityuseofpurelyobjectivecriteriainredundancyselectionnotareasonableadjustmentincreativeenvironment The Employment Appeal Tribunal has held that an employee who was dismissed for refusing to work because of health and safety concerns, even though his employer genuinely believed that there was no danger, could be automatically unfairly dismissed. http://www.xperthr.co.uk/article/109673/employee-can-be-automatically-unfairly-dismissed-over-safety-concerns-even-when-employer-genuinely-disagrees.aspx Tue, 28 Jun 2011 00:00:00 GMT xperthr/casereps/article109673employeecanbeautomaticallyunfairlydismissedoversafetyconcernsevenwhenemployergenuinelydisagreesaspx/employeecanbeautomaticallyunfairlydismissedoversafetyconcernsevenwhenemployergenuinelydisagrees The Employment Appeal Tribunal has held that the tribunal was wrong to make a restricted reporting order in circumstances where none of the parties in a high-profile discrimination case had shown a sufficient need for protection from identification. http://www.xperthr.co.uk/article/109669/tribunal-wrong-to-make-restricted-reporting-order-in-high-profile-sex-discrimination-case.aspx Tue, 28 Jun 2011 00:00:00 GMT xperthr/casereps/article109669tribunalwrongtomakerestrictedreportingorderinhighprofilesexdiscriminationcaseaspx/tribunalwrongtomakerestrictedreportingorderinhighprofilesexdiscriminationcase The Employment Appeal Tribunal has held that a retirement notice issued under the now-defunct statutory retirement procedure that stated that the employee would cease work "after" his 65th birthday was valid. http://www.xperthr.co.uk/article/109610/statutory-retirement-procedure--notice-that-retirement-would-be-after-particular-date-was-valid.aspx Wed, 22 Jun 2011 00:00:00 GMT xperthr/casereps/article109610statutoryretirementprocedurenoticethatretirementwouldbeafterparticulardatewasvalidaspx/statutoryretirementprocedurenoticethatretirementwouldbeafterparticulardatewasvalid The Employment Appeal Tribunal has held that, in a collective redundancy situation, there will be an election of employee representatives where the number of nominees equates to the number of available places, even where there is no ballot. http://www.xperthr.co.uk/article/109600/collective-consultation--eat-considers-definition-of-election-of-employee-representatives.aspx Tue, 21 Jun 2011 00:00:00 GMT xperthr/casereps/article109600collectiveconsultationeatconsidersdefinitionofelectionofemployeerepresentativesaspx/collectiveconsultationeatconsidersdefinitionofelectionofemployeerepresentatives The Attorney General has said that holiday pay for workers whose level of remuneration varies should be their average remuneration based on a sufficiently representative reference period. The opinion was given in advance of the full ECJ ruling on how the paid annual leave of British Airways pilots who are paid flying allowances on top of their basic pay should be calculated. http://www.xperthr.co.uk/article/109578/attorney-generals-opinion--holiday-pay-should-be-average-earnings-over-representative-reference-period.aspx Mon, 20 Jun 2011 00:00:00 GMT xperthr/casereps/article109578attorneygeneralsopinionholidaypayshouldbeaverageearningsoverrepresentativereferenceperiodaspx/attorneygeneralsopinionholidaypayshouldbeaverageearningsoverrepresentativereferenceperiod The Supreme Court has referred to the European Court of Justice the question of whether or not the TUPE Regulations should be given a "dynamic" interpretation, in the context of a dispute over a transferee's failure to honour the terms of a pay increase made under a collective agreement that was incorporated into the contracts of employment before the transfer. http://www.xperthr.co.uk/article/109550/tupe--supreme-court-asks-ecj-if-transferee-has-to-honour-pay-agreement-signed-by-transferor.aspx Thu, 16 Jun 2011 00:00:00 GMT xperthr/casereps/article109550tupesupremecourtasksecjiftransfereehastohonourpayagreementsignedbytransferoraspx/tupesupremecourtasksecjiftransfereehastohonourpayagreementsignedbytransferor The Employment Appeal Tribunal has held that it is the transferee, rather than the Secretary of State, that is liable to pay the unfair dismissal basic award and notice of an employee who is dismissed after a "pre-pack" administration and TUPE transfer of the business as a going concern. http://www.xperthr.co.uk/article/109535/transferee-liable-for-unfair-dismissal-award-following-pre-pack-tupe-transfer.aspx Wed, 15 Jun 2011 00:00:00 GMT xperthr/casereps/article109535transfereeliableforunfairdismissalawardfollowingprepacktupetransferaspx/transfereeliableforunfairdismissalawardfollowingprepacktupetransfer The Employment Appeal Tribunal has held that, where there are multiple respondents and particular loss cannot be attributed to one party, employment tribunals must award compensation on a joint and several liability basis, meaning that the claimant can claim the entire amount from any respondent. http://www.xperthr.co.uk/article/109441/indivisible-damage-to-claimant-must-be-compensated-on-joint-and-several-liability-basis.aspx Tue, 07 Jun 2011 00:00:00 GMT xperthr/casereps/article109441indivisibledamagetoclaimantmustbecompensatedonjointandseveralliabilitybasisaspx/indivisibledamagetoclaimantmustbecompensatedonjointandseveralliabilitybasis The Employment Appeal Tribunal has held that a refusal to allow a Muslim guard to attend a mosque during working hours, which would have jeopardised his employer’s commercial contract to provide security services, was not indirect religious discrimination. http://www.xperthr.co.uk/article/109420/refusal-to-allow-security-guard-to-attend-mosque-on-friday-at-lunchtime-was-not-indirect-religious-discrimination.aspx Fri, 03 Jun 2011 00:00:00 GMT xperthr/casereps/article109420refusaltoallowsecurityguardtoattendmosqueonfridayatlunchtimewasnotindirectreligiousdiscriminationaspx/refusaltoallowsecurityguardtoattendmosqueonfridayatlunchtimewasnotindirectreligiousdiscrimination The Court of Appeal has held that the summary dismissal of Sharon Shoesmith, during the fallout from the death of "Baby P", was unlawful. In finding that she was entitled to a decision on her judicial review application, the court held that her alternative employment tribunal remedy was not "equally convenient and effective". http://www.xperthr.co.uk/article/109396/dismissal-of-sharon-shoesmith-following-death-of-baby-p-was-void-and-unlawful.aspx Thu, 02 Jun 2011 00:00:00 GMT xperthr/casereps/article109396dismissalofsharonshoesmithfollowingdeathofbabypwasvoidandunlawfulaspx/dismissalofsharonshoesmithfollowingdeathofbabypwasvoidandunlawful The Court of Appeal has given short shrift to a police officer's disability discrimination claim over his police force's actions after he displayed violent tendencies at a Christmas party that led his colleagues to fear for their safety. http://www.xperthr.co.uk/article/109347/disability--police-officer-not-discriminated-against-over-threatening-behaviour.aspx Thu, 26 May 2011 00:00:00 GMT xperthr/casereps/article109347disabilitypoliceofficernotdiscriminatedagainstoverthreateningbehaviouraspx/disabilitypoliceofficernotdiscriminatedagainstoverthreateningbehaviour The Employment Appeal Tribunal has held that, under the statutory default retirement procedures (now repealed), the employer must inform the employee of the essential conditions for exercising the right to request to work beyond the intended retirement date. http://www.xperthr.co.uk/article/109296/statutory-retirement-procedures--employer-must-inform-employee-of-conditions-to-make-a-valid-request.aspx Tue, 24 May 2011 00:00:00 GMT xperthr/casereps/article109296statutoryretirementproceduresemployermustinformemployeeofconditionstomakeavalidrequestaspx/statutoryretirementproceduresemployermustinformemployeeofconditionstomakeavalidrequest The Employment Appeal Tribunal has considered the circumstances in which the terms and conditions of employees derive from the "same source" as their comparators for the purposes of the Equal Pay Act 1970. http://www.xperthr.co.uk/article/109180/equal-pay--same-source-of-terms-and-conditions.aspx Mon, 16 May 2011 00:00:00 GMT xperthr/casereps/article109180equalpaysamesourceoftermsandconditionsaspx/equalpaysamesourceoftermsandconditions The Court of Appeal has held that the employment tribunal was wrong to assess compensation for a banker who was unfairly dismissed and suffered race discrimination on the basis that he would be unlikely to find an equivalent job again. http://www.xperthr.co.uk/article/109179/employment-tribunal-wrong-to-assess-compensation-on-basis-of-rest-of-claimants-working-life.aspx Mon, 16 May 2011 00:00:00 GMT xperthr/casereps/article109179employmenttribunalwrongtoassesscompensationonbasisofrestofclaimantsworkinglifeaspx/employmenttribunalwrongtoassesscompensationonbasisofrestofclaimantsworkinglife The High Court has held that a college was liable to a former employee for negligent misstatement when, six years after his departure, it sent a derogatory email to his new employer that led to his dismissal. http://www.xperthr.co.uk/article/109060/negligent-misstatement--derogatory-comments-to-a-former-employees-new-employer.aspx Thu, 05 May 2011 00:00:00 GMT xperthr/casereps/article109060negligentmisstatementderogatorycommentstoaformeremployeesnewemployeraspx/negligentmisstatementderogatorycommentstoaformeremployeesnewemployer The Employment Appeal Tribunal has held that the process for deciding what, if any, inferences should be drawn from answers to a statutory discrimination questionnaire is no different from the steps that tribunals should take in any other case where an inference of discriminatory behaviour is sought to be drawn. http://www.xperthr.co.uk/article/109042/eat-guidance-on-drawing-inferences-from-answers-to-statutory-discrimination-questionnaire.aspx Wed, 04 May 2011 00:00:00 GMT xperthr/casereps/article109042eatguidanceondrawinginferencesfromanswerstostatutorydiscriminationquestionnaireaspx/eatguidanceondrawinginferencesfromanswerstostatutorydiscriminationquestionnaire The Employment Appeal Tribunal has held that an employer's decision to dismiss an employee with an uncertain immigration status was reasonable. http://www.xperthr.co.uk/article/108989/dismissal-of-employee-with-uncertain-immigration-status-was-reasonable.aspx Thu, 28 Apr 2011 00:00:00 GMT xperthr/casereps/article108989dismissalofemployeewithuncertainimmigrationstatuswasreasonableaspx/dismissalofemployeewithuncertainimmigrationstatuswasreasonable The High Court has held that art.6 of the European Convention on Human Rights was not engaged in internal disciplinary proceedings where the employee was not, as a result, deprived of the right to practise his profession. http://www.xperthr.co.uk/article/108996/european-convention-right-to-a-fair-hearing-was-not-engaged-in-internal-disciplinary-proceedings.aspx Wed, 27 Apr 2011 00:00:00 GMT xperthr/casereps/article108996europeanconventionrighttoafairhearingwasnotengagedininternaldisciplinaryproceedingsaspx/europeanconventionrighttoafairhearingwasnotengagedininternaldisciplinaryproceedings The Employment Appeal Tribunal has held that, where an employee has made a protected disclosure and suffered a detriment, the employer must prove that the detriment was "in no sense whatsoever" on the ground of the protected disclosure. http://www.xperthr.co.uk/article/108944/whistleblowing-victimisation--eat-rules-on-correct-causation-test.aspx Thu, 21 Apr 2011 00:00:00 GMT xperthr/casereps/article108944whistleblowingvictimisationeatrulesoncorrectcausationtestaspx/whistleblowingvictimisationeatrulesoncorrectcausationtest The Court of Appeal has upheld a county court judgment that a term implied through custom and practice meant that an enhanced redundancy payment was conditional on the employee entering into a compromise agreement. http://www.xperthr.co.uk/article/108930/implied-term-made-enhanced-redundancy-payment-conditional-on-compromise-agreement.aspx Tue, 19 Apr 2011 00:00:00 GMT xperthr/casereps/article108930impliedtermmadeenhancedredundancypaymentconditionaloncompromiseagreementaspx/impliedtermmadeenhancedredundancypaymentconditionaloncompromiseagreement The Employment Appeal Tribunal has confirmed that a paid volunteer is not an employee for the purposes of the Disability Discrimination Act 1995 where there is no mutuality of obligation between the parties. http://www.xperthr.co.uk/article/108908/paid-volunteer-is-not-an-employee-under-dda-where-no-mutuality-of-obligation-exists.aspx Mon, 18 Apr 2011 00:00:00 GMT xperthr/casereps/article108908paidvolunteerisnotanemployeeunderddawherenomutualityofobligationexistsaspx/paidvolunteerisnotanemployeeunderddawherenomutualityofobligationexists The Employment Appeal Tribunal has held that compromise agreements preventing employees from bringing equal pay claims against a council are valid, even though the employees had been advised by solicitors engaged by the council. http://www.xperthr.co.uk/article/108907/eat-upholds-validity-of-compromise-agreements-preventing-equal-pay-claims.aspx Mon, 18 Apr 2011 00:00:00 GMT xperthr/casereps/article108907eatupholdsvalidityofcompromiseagreementspreventingequalpayclaimsaspx/eatupholdsvalidityofcompromiseagreementspreventingequalpayclaims The Court of Appeal has held that an employee's contract of employment was terminated by the transfer of pay in lieu of notice into his bank account, even though he did not know at the time that this had happened. http://www.xperthr.co.uk/article/108882/transfer-of-pay-in-lieu-of-notice-terminated-contract-of-employment.aspx Fri, 15 Apr 2011 00:00:00 GMT xperthr/casereps/article108882transferofpayinlieuofnoticeterminatedcontractofemploymentaspx/transferofpayinlieuofnoticeterminatedcontractofemployment The Employment Appeal Tribunal has held that the employment tribunal had gone too far in finding that a witness had lied about his knowledge of the claimant's age and misapplied the reversal of the burden of proof that applies in discrimination cases. http://www.xperthr.co.uk/article/108877/tribunal-not-entitled-to-find-that-interviewer-lied-about-knowledge-of-claimants-age.aspx Thu, 14 Apr 2011 00:00:00 GMT xperthr/casereps/article108877tribunalnotentitledtofindthatinterviewerliedaboutknowledgeofclaimantsageaspx/tribunalnotentitledtofindthatinterviewerliedaboutknowledgeofclaimantsage The Employment Appeal Tribunal has held that "special treatment" afforded to women in connection with pregnancy or childbirth under the Sex Discrimination Act 1975 must constitute a proportionate means of achieving the legitimate aim of compensating her for the disadvantages occasioned by pregnancy or maternity leave. http://www.xperthr.co.uk/article/108760/special-treatment-for-women-in-connection-with-pregnancy-or-childbirth-must-be-proportionate.aspx Thu, 07 Apr 2011 00:00:00 GMT xperthr/casereps/article108760specialtreatmentforwomeninconnectionwithpregnancyorchildbirthmustbeproportionateaspx/specialtreatmentforwomeninconnectionwithpregnancyorchildbirthmustbeproportionate The Supreme Court has overturned the long-standing rule that expert witnesses are immune from liability for damages to parties that have engaged them and to which they owe a duty of care, in a road-traffic accident decision that could have an impact on employment cases. http://www.xperthr.co.uk/article/108699/supreme-court-abolishes-expert-witnesses-immunity-from-liability-over-evidence.aspx Tue, 05 Apr 2011 00:00:00 GMT xperthr/casereps/article108699supremecourtabolishesexpertwitnessesimmunityfromliabilityoverevidenceaspx/supremecourtabolishesexpertwitnessesimmunityfromliabilityoverevidence The Supreme Court has held that it was objectively justified to employ teachers on successive fixed-term contracts amounting to nine years in total, and that these contracts were not converted into permanent contracts. http://www.xperthr.co.uk/article/108684/successive-fixed-term-contracts-of-nine-years-not-converted-into-permanent-contracts.aspx Mon, 04 Apr 2011 00:00:00 GMT xperthr/casereps/article108684successivefixedtermcontractsofnineyearsnotconvertedintopermanentcontractsaspx/successivefixedtermcontractsofnineyearsnotconvertedintopermanentcontracts The Employment Appeal Tribunal has held that the principle of judicial proceedings immunity applies to all types of discrimination claims, including victimisation. http://www.xperthr.co.uk/article/108633/judicial-proceedings-immunity-extends-to-victimisation-claims.aspx Wed, 30 Mar 2011 00:00:00 GMT xperthr/casereps/article108633judicialproceedingsimmunityextendstovictimisationclaimsaspx/judicialproceedingsimmunityextendstovictimisationclaims The Employment Appeal Tribunal has considered employers' liability for discriminatory acts committed by agency workers. http://www.xperthr.co.uk/article/108590/eat-considers-employers-liability-for-discriminatory-actions-of-agency-worker.aspx Tue, 29 Mar 2011 00:00:00 GMT xperthr/casereps/article108590eatconsidersemployersliabilityfordiscriminatoryactionsofagencyworkeraspx/eatconsidersemployersliabilityfordiscriminatoryactionsofagencyworker The Employment Appeal Tribunal has held that the employment tribunal was wrong to decide that employers have a positive duty to correct employees or ex-employees in relation to misapprehensions that they have about time limits for bringing claims. http://www.xperthr.co.uk/article/108572/no-positive-duty-on-employer-to-correct-claimants-et1-deadline-mistake.aspx Mon, 28 Mar 2011 00:00:00 GMT xperthr/casereps/article108572nopositivedutyonemployertocorrectclaimantset1deadlinemistakeaspx/nopositivedutyonemployertocorrectclaimantset1deadlinemistake The Employment Appeal Tribunal has held that the employment tribunal was correct to look at the employee’s own perceptions and feelings to decide whether or not the alleged conduct constituted sexual orientation harassment. http://www.xperthr.co.uk/article/108559/heterosexual-man-subjected-to-homophobic-taunts-fails-in-appeal.aspx Thu, 24 Mar 2011 00:00:00 GMT xperthr/casereps/article108559heterosexualmansubjectedtohomophobictauntsfailsinappealaspx/heterosexualmansubjectedtohomophobictauntsfailsinappeal The Employment Appeal Tribunal has held that, where an employee is dismissed primarily because of a breakdown in trust and confidence rather than conduct, the employer's contractual disciplinary procedures will not apply. http://www.xperthr.co.uk/article/108555/unfair-dismissal--contractual-disciplinary-procedures-do-not-apply-to-a-breakdown-in-trust-and-confidence.aspx Thu, 24 Mar 2011 00:00:00 GMT xperthr/casereps/article108555unfairdismissalcontractualdisciplinaryproceduresdonotapplytoabreakdownintrustandconfidenceaspx/unfairdismissalcontractualdisciplinaryproceduresdonotapplytoabreakdownintrustandconfidence The Court of Appeal has provided guidance on how appeal courts should read employment tribunal judgments, which should be "read in the round" and not subjected to over-analysis or hyper-criticism. http://www.xperthr.co.uk/article/108424/court-of-appeal-provides-guidance-on-how-appeal-courts-should-read-tribunal-judgments.aspx Thu, 17 Mar 2011 00:00:00 GMT xperthr/casereps/article108424courtofappealprovidesguidanceonhowappealcourtsshouldreadtribunaljudgmentsaspx/courtofappealprovidesguidanceonhowappealcourtsshouldreadtribunaljudgments The Employment Appeal Tribunal has held that the employment tribunal was wrong to find that the absence of a system of moderating two sets of redundancy scores following a TUPE transfer rendered the selection process unfair. http://www.xperthr.co.uk/article/108420/no-unfair-dismissal-for-failure-to-moderate-redundancy-scores-after-tupe-transfer.aspx Thu, 17 Mar 2011 00:00:00 GMT xperthr/casereps/article108420nounfairdismissalforfailuretomoderateredundancyscoresaftertupetransferaspx/nounfairdismissalforfailuretomoderateredundancyscoresaftertupetransfer The Court of Appeal has held that the tribunal was correct to decide that it had jurisdiction to hear claims of unfair dismissal and sex discrimination by two British employees who worked for the Ministry of Defence (MoD) in Belgium and the Netherlands. http://www.xperthr.co.uk/article/108370/mod-wives-working-abroad-entitled-to-bring-tribunal-claims-in-the-uk.aspx Tue, 15 Mar 2011 00:00:00 GMT xperthr/casereps/article108370modwivesworkingabroadentitledtobringtribunalclaimsintheukaspx/modwivesworkingabroadentitledtobringtribunalclaimsintheuk The Employment Appeal Tribunal has upheld a tribunal decision that an employee’s dismissal was unfair because it was based on a confusing alcohol policy of which he was unaware. http://www.xperthr.co.uk/article/108333/eat-holds-that-confusing-alcohol-policy-led-to-unfair-dismissal.aspx Thu, 10 Mar 2011 00:00:00 GMT xperthr/casereps/article108333eatholdsthatconfusingalcoholpolicyledtounfairdismissalaspx/eatholdsthatconfusingalcoholpolicyledtounfairdismissal The Employment Appeal Tribunal has held that the employment tribunal was wrong to take into account the employee's decision not to appeal against a final written warning when deciding whether or not the employer's reliance on the warning made the dismissal fair. http://www.xperthr.co.uk/article/108280/employees-decision-not-to-appeal-warning-not-relevant-to-fairness-of-dismissal.aspx Wed, 09 Mar 2011 00:00:00 GMT xperthr/casereps/article108280employeesdecisionnottoappealwarningnotrelevanttofairnessofdismissalaspx/employeesdecisionnottoappealwarningnotrelevanttofairnessofdismissal The Court of Appeal has overturned two High Court injunctions preventing trade unions ASLEF and the RMT from striking. http://www.xperthr.co.uk/article/108098/minor-accidental-infringements-do-not-invalidate-union-ballots.aspx Mon, 07 Mar 2011 00:00:00 GMT xperthr/casereps/article108098minoraccidentalinfringementsdonotinvalidateunionballotsaspx/minoraccidentalinfringementsdonotinvalidateunionballots The Court of Appeal has held that a tribunal was correct to decide that it had jurisdiction to hear discrimination claims by Hong Kong-based cabin crew because the claimants worked partly at an establishment in Great Britain. http://www.xperthr.co.uk/article/108048/tribunal-has-jurisdiction-to-hear-discrimination-claims-by-hong-kong-based-cabin-crew.aspx Thu, 03 Mar 2011 00:00:00 GMT xperthr/casereps/article108048tribunalhasjurisdictiontoheardiscriminationclaimsbyhongkongbasedcabincrewaspx/tribunalhasjurisdictiontoheardiscriminationclaimsbyhongkongbasedcabincrew The Court of Appeal has held that an employer in the financial sector that poached staff from a rival could not enforce dishonestly obtained forward contracts with employees who later decided not to move. http://www.xperthr.co.uk/article/107991/employer-that-dishonestly-poached-staff-could-not-rely-on-future-contracts.aspx Mon, 28 Feb 2011 00:00:00 GMT xperthr/casereps/article107991employerthatdishonestlypoachedstaffcouldnotrelyonfuturecontractsaspx/employerthatdishonestlypoachedstaffcouldnotrelyonfuturecontracts The Employment Appeal Tribunal has held that the exemption from automatic employee transfer under reg.8(7) of TUPE cannot apply to a transfer from an administration. http://www.xperthr.co.uk/article/107456/tupe-applies-as-normal-to-transfers-from-administration.aspx Tue, 22 Feb 2011 00:00:00 GMT xperthr/casereps/article107456tupeappliesasnormaltotransfersfromadministrationaspx/tupeappliesasnormaltotransfersfromadministration The Employment Appeal Tribunal has held that, on its true construction, a company's long-term disability scheme applied to employees who were permanently incapable of employment in any capacity, rather than merely incapable of working for the company. http://www.xperthr.co.uk/article/107428/tribunals-literal-interpretation-of-long-term-disability-scheme-was-correct.aspx Mon, 21 Feb 2011 00:00:00 GMT xperthr/casereps/article107428tribunalsliteralinterpretationoflongtermdisabilityschemewascorrectaspx/tribunalsliteralinterpretationoflongtermdisabilityschemewascorrect The Employment Appeal Tribunal has held that the employment tribunal was entitled to find that the Royal Navy's promotion system indirectly discriminated against a female officer. http://www.xperthr.co.uk/article/107343/royal-navy-promotion-system-indirectly-discriminated-against-female-officer.aspx Mon, 14 Feb 2011 00:00:00 GMT xperthr/casereps/article107343royalnavypromotionsystemindirectlydiscriminatedagainstfemaleofficeraspx/royalnavypromotionsystemindirectlydiscriminatedagainstfemaleofficer The Court of Appeal has held that, when considering dismissal of an employee for misconduct, an employer is not taken to have known mitigating facts that are known to the employee's manager but are withheld from the dismissing officer. http://www.xperthr.co.uk/article/107238/unfair-dismissal--employer-held-not-to-know-mitigating-facts-known-by-its-employees.aspx Tue, 08 Feb 2011 00:00:00 GMT xperthr/casereps/article107238unfairdismissalemployerheldnottoknowmitigatingfactsknownbyitsemployeesaspx/unfairdismissalemployerheldnottoknowmitigatingfactsknownbyitsemployees The Court of Appeal has reinstated an employment tribunal decision that a nurse with a clean record was unfairly dismissed when she made a single lewd remark while restraining a patient having an epileptic fit. http://www.xperthr.co.uk/article/107193/nurse-unfairly-dismissed-for-single-lewd-remark-in-stressful-situation.aspx Mon, 07 Feb 2011 00:00:00 GMT xperthr/casereps/article107193nurseunfairlydismissedforsinglelewdremarkinstressfulsituationaspx/nurseunfairlydismissedforsinglelewdremarkinstressfulsituation The Tax and Chancery Chamber of the Upper Tribunal has held that expectant mothers can choose to start their statutory maternity pay (SMP) at a later date than the date when they cease work. http://www.xperthr.co.uk/article/107200/expectant-mothers-can-choose-to-start-smp-later-than-they-cease-work.aspx Mon, 07 Feb 2011 00:00:00 GMT xperthr/casereps/article107200expectantmotherscanchoosetostartsmplaterthantheyceaseworkaspx/expectantmotherscanchoosetostartsmplaterthantheyceasework The Employment Appeal Tribunal has held that foster carers are not workers within the meaning of the Employment Rights Act 1996 and Employment Relations Act 1999 and do not have the right to be accompanied at disciplinary hearings. http://www.xperthr.co.uk/article/107171/foster-carers-are-not-workers-and-do-not-have-right-to-be-accompanied.aspx Thu, 03 Feb 2011 00:00:00 GMT xperthr/casereps/article107171fostercarersarenotworkersanddonothaverighttobeaccompaniedaspx/fostercarersarenotworkersanddonothaverighttobeaccompanied The Court of Appeal has held that an unpaid voluntary worker was not protected by the Disability Discrimination Act 1995 and the Equal Treatment Framework Directive does not extend to volunteers. http://www.xperthr.co.uk/article/107163/volunteer-worker-not-covered-by-disability-discrimination-law.aspx Wed, 02 Feb 2011 00:00:00 GMT xperthr/casereps/article107163volunteerworkernotcoveredbydisabilitydiscriminationlawaspx/volunteerworkernotcoveredbydisabilitydiscriminationlaw The Employment Appeal Tribunal has confirmed that, while a tribunal may take into account the chances of an employee being dismissed in any event when limiting the employee's compensation for unfair dismissal, it must be contemplating a fair dismissal. http://www.xperthr.co.uk/article/107054/unfair-dismissal--eat-confirms-correct-approach-when-limiting-compensation.aspx Tue, 25 Jan 2011 00:00:00 GMT xperthr/casereps/article107054unfairdismissaleatconfirmscorrectapproachwhenlimitingcompensationaspx/unfairdismissaleatconfirmscorrectapproachwhenlimitingcompensation The Employment Appeal Tribunal (EAT) has held that the employment tribunal was correct to reject a claim of race discrimination under the Race Relations Act 1976 (RRA) against an employer that failed to take action to prevent third-party harassment. http://www.xperthr.co.uk/article/107034/employer-not-liable-for-third-party-racial-harassment-under-rra.aspx Mon, 24 Jan 2011 00:00:00 GMT xperthr/casereps/article107034employernotliableforthirdpartyracialharassmentunderrraaspx/employernotliableforthirdpartyracialharassmentunderrra The Court of Session has said that the Employment Appeal Tribunal incorrectly placed an extra hurdle in equal pay claims when it said that, for a claimant to rely on a comparator employed at a different establishment, there must be a "real possibility" of the comparator doing the same, or a broadly similar, job at the claimant's place of work. http://www.xperthr.co.uk/article/106966/equal-pay--test-for-choosing-comparators-at-different-establishments.aspx Tue, 18 Jan 2011 00:00:00 GMT xperthr/casereps/article106966equalpaytestforchoosingcomparatorsatdifferentestablishmentsaspx/equalpaytestforchoosingcomparatorsatdifferentestablishments The Court of Appeal has held that employment tribunals do not have jurisdiction to construe contractual terms and conditions contained or referred to in written statements of particulars of employment. http://www.xperthr.co.uk/article/106899/employment-tribunal-had-no-power-to-construe-written-statements.aspx Thu, 13 Jan 2011 00:00:00 GMT xperthr/casereps/article106899employmenttribunalhadnopowertoconstruewrittenstatementsaspx/employmenttribunalhadnopowertoconstruewrittenstatements The Employment Appeal Tribunal has held that an employer discriminated against a gay employee when it implemented a re-positioning policy, for a pub, that discriminated against gay customers. http://www.xperthr.co.uk/article/107020/pubs-re-positioning-policy-discriminated-against-gay-customers-and-employee.aspx Thu, 20 Jan 2011 00:00:00 GMT xperthr/casereps/article107020pubsrepositioningpolicydiscriminatedagainstgaycustomersandemployeeaspx/pubsrepositioningpolicydiscriminatedagainstgaycustomersandemployee The Court of Appeal has confirmed that a company that is found to be in breach of competition legislation may not pass on the liability of any penalty imposed to its employees. http://www.xperthr.co.uk/article/106842/price-fixing--former-employees-not-liable-for-companys-breach-of-competition-law.aspx Tue, 11 Jan 2011 00:00:00 GMT xperthr/casereps/article106842pricefixingformeremployeesnotliableforcompanysbreachofcompetitionlawaspx/pricefixingformeremployeesnotliableforcompanysbreachofcompetitionlaw The Employment Appeal Tribunal has confirmed that, where an employer dismisses an employee in response to his or her protected act, the employer may not have unlawfully victimised the employee where the reason for dismissal is some feature of the protected act that can be treated as separable. http://www.xperthr.co.uk/article/106735/mentally-ill-employee-dismissed-following-multiple-grievances-was-not-victimised.aspx Mon, 20 Dec 2010 00:00:00 GMT xperthr/casereps/article106735mentallyillemployeedismissedfollowingmultiplegrievanceswasnotvictimisedaspx/mentallyillemployeedismissedfollowingmultiplegrievanceswasnotvictimised The Court of Appeal has held that an employment tribunal was wrong to decide at a pre-hearing review that a claimant's case of sex discrimination and unfair dismissal had no reasonable prospect of success. http://www.xperthr.co.uk/article/106656/striking-out--claim-with-more-than-fanciful-prospect-of-success-should-have-been-heard.aspx Wed, 15 Dec 2010 00:00:00 GMT xperthr/casereps/article106656strikingoutclaimwithmorethanfancifulprospectofsuccessshouldhavebeenheardaspx/strikingoutclaimwithmorethanfancifulprospectofsuccessshouldhavebeenheard The Employment Appeal Tribunal has held that a police trainer who was dismissed for bringing DVDs and posters related to spiritualism to the workplace was not discriminated against because of his religious beliefs. http://www.xperthr.co.uk/article/106401/no-religious-discrimination-against-police-trainer-dismissed-for-promoting-spiritualism.aspx Tue, 30 Nov 2010 00:00:00 GMT xperthr/casereps/article106401noreligiousdiscriminationagainstpolicetrainerdismissedforpromotingspiritualismaspx/noreligiousdiscriminationagainstpolicetrainerdismissedforpromotingspiritualism The Court of Appeal has confirmed that the significant integration of an agency worker into the hiring organisation will not necessarily preclude the existence of an agency relationship in which there is no contract between the agency worker and the end-user. http://www.xperthr.co.uk/article/106370/no-automatic-contract-of-employment-for-integrated-agency-worker.aspx Mon, 29 Nov 2010 00:00:00 GMT xperthr/casereps/article106370noautomaticcontractofemploymentforintegratedagencyworkeraspx/noautomaticcontractofemploymentforintegratedagencyworker The Employment Appeal Tribunal has questioned the current approach adopted by tribunals that an employer cannot justify age discrimination on the ground of cost alone. http://www.xperthr.co.uk/article/106209/eat-doubts-current-orthodoxy-that-cost-alone-cannot-justify-age-discrimination.aspx Thu, 18 Nov 2010 00:00:00 GMT xperthr/casereps/article106209eatdoubtscurrentorthodoxythatcostalonecannotjustifyagediscriminationaspx/eatdoubtscurrentorthodoxythatcostalonecannotjustifyagediscrimination The Court of Appeal has decided to seek clarification from the European Court of Justice (ECJ) as to when the obligation to consult on collective redundancies arises where an employer proposes closing a workplace. http://www.xperthr.co.uk/article/106097/redundancy--court-of-appeal-seeks-ecj-clarification-on-when-collective-consultation-obligation-arises.aspx Fri, 12 Nov 2010 00:00:00 GMT xperthr/casereps/article106097redundancycourtofappealseeksecjclarificationonwhencollectiveconsultationobligationarisesaspx/redundancycourtofappealseeksecjclarificationonwhencollectiveconsultationobligationarises The Court of Appeal has dismissed an appeal by British Airways cabin crew against the High Court’s decision that the company was not in breach of contract by reducing crew complements on flights. http://www.xperthr.co.uk/article/106073/british-airways-cabin-crew-lose-breach-of-contract-appeal.aspx Wed, 10 Nov 2010 00:00:00 GMT xperthr/casereps/article106073britishairwayscabincrewlosebreachofcontractappealaspx/britishairwayscabincrewlosebreachofcontractappeal The Employment Appeal Tribunal has upheld a tribunal decision to reduce a protective award for the employer's failure to undertake collective redundancy consultation due to the union effectively condoning the failure. http://www.xperthr.co.uk/article/105904/collective-redundancy--protective-award-reduced-due-to-union-condoning-failure-to-consult.aspx Tue, 02 Nov 2010 00:00:00 GMT xperthr/casereps/article105904collectiveredundancyprotectiveawardreducedduetounioncondoningfailuretoconsultaspx/collectiveredundancyprotectiveawardreducedduetounioncondoningfailuretoconsult The Court of Session has upheld the EAT decision that offshore oil-rig workers are not entitled to annual leave in addition to their onshore breaks. http://www.xperthr.co.uk/article/105692/oil-rig-workers-could-be-required-to-take-annual-leave-during-onshore-field-breaks.aspx Tue, 26 Oct 2010 00:00:00 GMT xperthr/casereps/article105692oilrigworkerscouldberequiredtotakeannualleaveduringonshorefieldbreaksaspx/oilrigworkerscouldberequiredtotakeannualleaveduringonshorefieldbreaks The Supreme Court has held that, where an employee is dismissed by letter, the effective date of termination is the date on which he or she reads the letter, or has a reasonable opportunity to do so. http://www.xperthr.co.uk/article/105646/dismissal-by-letter-is-effective-when-employee-reads-it.aspx Thu, 21 Oct 2010 00:00:00 GMT xperthr/casereps/article105646dismissalbyletteriseffectivewhenemployeereadsitaspx/dismissalbyletteriseffectivewhenemployeereadsit The European Court of Justice has held that a German law allowing employers to agree with employees under a collective agreement that they must retire when they become entitled to a pension could be justified. http://www.xperthr.co.uk/article/105637/age-discrimination--ecj-rules-that-compulsory-retirement-under-german-collective-agreement-is-justified.aspx Thu, 21 Oct 2010 00:00:00 GMT xperthr/casereps/article105637agediscriminationecjrulesthatcompulsoryretirementundergermancollectiveagreementisjustifiedaspx/agediscriminationecjrulesthatcompulsoryretirementundergermancollectiveagreementisjustified The Employment Appeal Tribunal has held that the Sex Discrimination Act 1975 does not prohibit associative pregnancy discrimination, and that the issue does not require a reference to the European Court of Justice. http://www.xperthr.co.uk/article/105525/sda-does-not-prohibit-associative-pregnancy-discrimination.aspx Thu, 14 Oct 2010 00:00:00 GMT xperthr/casereps/article105525sdadoesnotprohibitassociativepregnancydiscriminationaspx/sdadoesnotprohibitassociativepregnancydiscrimination The Employment Appeal Tribunal has reaffirmed that in a claim for indirect sex discrimination where the complaint is based on an employer's refusal to grant a benefit, the appropriate pool of comparators should include only those employees who want the benefit. http://www.xperthr.co.uk/article/105489/indirect-sex-discrimination--eat-reaffirms-appropriate-pool-of-comparators.aspx Tue, 12 Oct 2010 00:00:00 GMT xperthr/casereps/article105489indirectsexdiscriminationeatreaffirmsappropriatepoolofcomparatorsaspx/indirectsexdiscriminationeatreaffirmsappropriatepoolofcomparators The Employment Appeal Tribunal has held that a teacher's continuity of employment was not broken by the intervening summer holidays during which there was a temporary cessation of work. http://www.xperthr.co.uk/article/105410/unfair-dismissal--eat-finds-teachers-continuity-of-employment-unbroken-by-summer-holidays.aspx Thu, 07 Oct 2010 00:00:00 GMT xperthr/casereps/article105410unfairdismissaleatfindsteacherscontinuityofemploymentunbrokenbysummerholidaysaspx/unfairdismissaleatfindsteacherscontinuityofemploymentunbrokenbysummerholidays The Employment Appeal Tribunal has held that an economic entity's temporary cessation of operations will not prevent a relevant transfer under TUPE. http://www.xperthr.co.uk/article/105406/temporary-cessation-of-operations-does-not-prevent-tupe-transfer.aspx Wed, 06 Oct 2010 00:00:00 GMT xperthr/casereps/article105406temporarycessationofoperationsdoesnotpreventtupetransferaspx/temporarycessationofoperationsdoesnotpreventtupetransfer The Employment Appeal Tribunal has held that an employment tribunal was not entitled to find, on the evidence, that an employer indirectly discriminated against a woman who was required to do weekend working when she returned from maternity leave. http://www.xperthr.co.uk/article/105044/indirect-sex-discrimination--eat-considers-retailers-weekend-working-requirement.aspx Tue, 21 Sep 2010 00:00:00 GMT xperthr/casereps/article105044indirectsexdiscriminationeatconsidersretailersweekendworkingrequirementaspx/indirectsexdiscriminationeatconsidersretailersweekendworkingrequirement The Employment Appeal Tribunal has held that the use of the word "younger" in the person specification for the job vacancy that had been created after the claimant had been dismissed was sufficient to raise the suspicion of age discrimination and shift the burden of proof to the employer. http://www.xperthr.co.uk/article/104930/age-discrimination--younger-in-job-specification-enough-to-shift-burden-of-proof-to-employer.aspx Tue, 14 Sep 2010 00:00:00 GMT xperthr/casereps/article104930agediscriminationyoungerinjobspecificationenoughtoshiftburdenofprooftoemployeraspx/agediscriminationyoungerinjobspecificationenoughtoshiftburdenofprooftoemployer The Employment Appeal Tribunal has held that a transferor should have consulted staff on administrative changes to pay arrangements on a TUPE transfer. http://www.xperthr.co.uk/article/104826/transferor-should-have-consulted-workforce-on-administrative-changes-to-pay-arrangements.aspx Thu, 09 Sep 2010 00:00:00 GMT xperthr/casereps/article104826transferorshouldhaveconsultedworkforceonadministrativechangestopayarrangementsaspx/transferorshouldhaveconsultedworkforceonadministrativechangestopayarrangements The Employment Appeal Tribunal has provided a reminder that employment tribunals should not take into account the employer's ability to pay when considering how much compensation to award an unfairly dismissed employee. http://www.xperthr.co.uk/article/104659/unfair-dismissal--employers-ability-to-pay-should-not-influence-employment-tribunal-award.aspx Thu, 02 Sep 2010 00:00:00 GMT xperthr/casereps/article104659unfairdismissalemployersabilitytopayshouldnotinfluenceemploymenttribunalawardaspx/unfairdismissalemployersabilitytopayshouldnotinfluenceemploymenttribunalaward The Employment Appeal Tribunal has given a rare appellate judgment considering the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002. http://www.xperthr.co.uk/article/104544/eat-considers-test-in-claims-of-less-favourable-treatment-of-fixed-term-employees.aspx Tue, 24 Aug 2010 00:00:00 GMT xperthr/casereps/article104544eatconsiderstestinclaimsoflessfavourabletreatmentoffixedtermemployeesaspx/eatconsiderstestinclaimsoflessfavourabletreatmentoffixedtermemployees The Employment Appeal Tribunal has provided guidance on remedies for discrimination claims including injury to feelings, aggravated damages and recommendations issued by tribunals. http://www.xperthr.co.uk/article/104452/eat-provides-guidance-on-remedies-for-discrimination-claims.aspx Tue, 17 Aug 2010 00:00:00 GMT xperthr/casereps/article104452eatprovidesguidanceonremediesfordiscriminationclaimsaspx/eatprovidesguidanceonremediesfordiscriminationclaims The Employment Appeal Tribunal has held that, on the facts of the case, an employer did not commit sex discrimination against an employee on maternity leave when an administrative error meant that she was not informed of a job vacancy. http://www.xperthr.co.uk/article/104333/no-sex-discrimination-when-administrative-error-meant-woman-on-maternity-leave-not-informed-of-internal-vacancy.aspx Mon, 09 Aug 2010 00:00:00 GMT xperthr/casereps/article104333nosexdiscriminationwhenadministrativeerrormeantwomanonmaternityleavenotinformedofinternalvacancyaspx/nosexdiscriminationwhenadministrativeerrormeantwomanonmaternityleavenotinformedofinternalvacancy The Court of Appeal has confirmed that the House of Lords decision in the housing case of London Borough of Lewisham v Malcolm [2008] IRLR 700 HL on the appropriate comparator for disability-related discrimination applies to employment cases. http://www.xperthr.co.uk/article/104239/disability-related-discrimination--court-of-appeal-confirms-that-malcolm-test-applies-in-employment-cases.aspx Wed, 04 Aug 2010 00:00:00 GMT xperthr/casereps/article104239disabilityrelateddiscriminationcourtofappealconfirmsthatmalcolmtestappliesinemploymentcasesaspx/disabilityrelateddiscriminationcourtofappealconfirmsthatmalcolmtestappliesinemploymentcases The Court of Appeal has held that it could be legitimate for a law firm to have a cut-off age after which partners are required to retire to avoid forcing an assessment of their drop in performance, thus maintaining a confrontation-free workplace. http://www.xperthr.co.uk/article/104156/compulsory-retirement--court-of-appeal-dismisses-law-firm-partners-age-discrimination-appeal.aspx Thu, 29 Jul 2010 00:00:00 GMT xperthr/casereps/article104156compulsoryretirementcourtofappealdismisseslawfirmpartnersagediscriminationappealaspx/compulsoryretirementcourtofappealdismisseslawfirmpartnersagediscriminationappeal The Employment Appeal Tribunal has held that, in the context of costs applications, it is unreasonable behaviour for a claimant to pursue an unfair dismissal claim purely for the purpose of obtaining a declaration that he or she was unfairly dismissed. http://www.xperthr.co.uk/article/104077/costs--pursuing-claim-purely-for-declaration-of-unfair-dismissal-is-unreasonable-behaviour.aspx Fri, 23 Jul 2010 00:00:00 GMT xperthr/casereps/article104077costspursuingclaimpurelyfordeclarationofunfairdismissalisunreasonablebehaviouraspx/costspursuingclaimpurelyfordeclarationofunfairdismissalisunreasonablebehaviour The Employment Appeal Tribunal has held that an employer can retract unambiguous words of dismissal only in exceptional circumstances. http://www.xperthr.co.uk/article/104047/employers-unambiguous-words-of-dismissal-can-rarely-be-retracted.aspx Thu, 22 Jul 2010 00:00:00 GMT xperthr/casereps/article104047employersunambiguouswordsofdismissalcanrarelyberetractedaspx/employersunambiguouswordsofdismissalcanrarelyberetracted The Employment Appeal Tribunal has held that a redundancy scheme that incorporated an age-related cap on payments was a proportionate means of achieving the legitimate aim of preventing employees from receiving a "windfall" and was not age discriminatory. http://www.xperthr.co.uk/article/103964/eat-finds-age-related-cap-on-redundancy-payments-not-discriminatory.aspx Thu, 15 Jul 2010 00:00:00 GMT xperthr/casereps/article103964eatfindsagerelatedcaponredundancypaymentsnotdiscriminatoryaspx/eatfindsagerelatedcaponredundancypaymentsnotdiscriminatory The Court of Appeal has reaffirmed that a "stable employment relationship" equal pay case can arise where there is a succession of consecutive contracts, and held that the word "employment" in that phrase refers to the nature of the work, rather than the terms under which it is carried out. http://www.xperthr.co.uk/article/103802/stable-employment-relationship-equal-pay-test-turns-on-the-nature-of-the-work-done.aspx Thu, 08 Jul 2010 00:00:00 GMT xperthr/casereps/article103802stableemploymentrelationshipequalpaytestturnsonthenatureoftheworkdoneaspx/stableemploymentrelationshipequalpaytestturnsonthenatureoftheworkdone The Employment Appeal Tribunal has held that the number of affected employees is not, by itself, particularly relevant in determining the gravity of an employer's breach under the Information and Consultation of Employees Regulations 2004. http://www.xperthr.co.uk/article/103752/eat-provides-guidance-on-size-of-penalty-for-breach-of-information-and-consultation-regulations.aspx Wed, 07 Jul 2010 00:00:00 GMT xperthr/casereps/article103752eatprovidesguidanceonsizeofpenaltyforbreachofinformationandconsultationregulationsaspx/eatprovidesguidanceonsizeofpenaltyforbreachofinformationandconsultationregulations The Employment Appeal Tribunal has held that a police force did not discriminate against a police officer who displayed violent tendencies at a Christmas party that led his colleagues to fear for their safety. http://www.xperthr.co.uk/article/103591/disability--police-force-did-not-discriminate-against-police-officer-with-violent-tendencies.aspx Tue, 29 Jun 2010 00:00:00 GMT xperthr/casereps/article103591disabilitypoliceforcedidnotdiscriminateagainstpoliceofficerwithviolenttendenciesaspx/disabilitypoliceforcedidnotdiscriminateagainstpoliceofficerwithviolenttendencies The Court of Appeal has held that an NHS trust was entitled to take into account a CEO's previous good record and negative prospects of obtaining future employment when making a severance payment. http://www.xperthr.co.uk/article/103594/ceo-of-nhs-trust-dismissed-following-superbug-scandal-entitled-to-compensation.aspx Tue, 29 Jun 2010 00:00:00 GMT xperthr/casereps/article103594ceoofnhstrustdismissedfollowingsuperbugscandalentitledtocompensationaspx/ceoofnhstrustdismissedfollowingsuperbugscandalentitledtocompensation http://www.xperthr.co.uk/article/103496/court-of-appeal-publishes-full-judgment-overturning-british-airways-strike-injunction.aspx Thu, 24 Jun 2010 00:00:00 GMT xperthr/casereps/article103496courtofappealpublishesfulljudgmentoverturningbritishairwaysstrikeinjunctionaspx/courtofappealpublishesfulljudgmentoverturningbritishairwaysstrikeinjunction The Employment Appeal Tribunal has held that the date of a conditional resignation cannot constitute the effective date of termination regardless of any agreement between the employer and employee. http://www.xperthr.co.uk/article/103433/conditional-resignation-does-not-trigger-effective-date-of-termination.aspx Mon, 21 Jun 2010 00:00:00 GMT xperthr/casereps/article103433conditionalresignationdoesnottriggereffectivedateofterminationaspx/conditionalresignationdoesnottriggereffectivedateoftermination The Employment Appeal Tribunal has said that there is a difference between "despondency, demotivation and anxiety" caused by problems at work and clinical depression, in a case where a lawyer claimed discrimination when a law firm withdrew a job offer on finding out about her history of mental illness. http://www.xperthr.co.uk/article/103389/disability-discrimination--eat-distinguishes-between-low-mood-caused-by-work-and-clinical-depression.aspx Fri, 18 Jun 2010 00:00:00 GMT xperthr/casereps/article103389disabilitydiscriminationeatdistinguishesbetweenlowmoodcausedbyworkandclinicaldepressionaspx/disabilitydiscriminationeatdistinguishesbetweenlowmoodcausedbyworkandclinicaldepression The Employment Appeal Tribunal has held that where, as a result of disciplinary proceedings that have been concluded, new allegations of misconduct come to light, it is not unfair for an employer to consolidate the old and new allegations and deal with them all at a further hearing, provided that the employee agrees. http://www.xperthr.co.uk/article/103329/employers-consolidation-of-old-and-new-disciplinary-allegations-was-fair.aspx Wed, 16 Jun 2010 00:00:00 GMT xperthr/casereps/article103329employersconsolidationofoldandnewdisciplinaryallegationswasfairaspx/employersconsolidationofoldandnewdisciplinaryallegationswasfair The Employment Appeal Tribunal has held that parties seeking to introduce fresh evidence when challenging an employment tribunal decision should apply for a review by the tribunal rather than appeal its decision. http://www.xperthr.co.uk/article/103155/parties-challenging-tribunal-decision-with-new-evidence-should-seek-review-not-appeal.aspx Thu, 10 Jun 2010 00:00:00 GMT xperthr/casereps/article103155partieschallengingtribunaldecisionwithnewevidenceshouldseekreviewnotappealaspx/partieschallengingtribunaldecisionwithnewevidenceshouldseekreviewnotappeal The Employment Appeal Tribunal has held that a group of administrative and clerical female workers in a local authority could compare themselves with a group of male manual workers who were based in different locations when making equal pay claims. http://www.xperthr.co.uk/article/102953/equal-pay--eat-takes-liberal-approach-to-what-is-same-establishment.aspx Wed, 02 Jun 2010 00:00:00 GMT xperthr/casereps/article102953equalpayeattakesliberalapproachtowhatissameestablishmentaspx/equalpayeattakesliberalapproachtowhatissameestablishment The Court of Appeal has held that the decision in Johnson v Unisys Ltd [2001] IRLR 279 HL did not preclude the claimant from recovering damages based on a breach of contractual disciplinary proceedings. http://www.xperthr.co.uk/article/102937/doctor-not-precluded-from-recovering-damages-for-breach-of-contractual-disciplinary-proceedings.aspx Tue, 01 Jun 2010 00:00:00 GMT xperthr/casereps/article102937doctornotprecludedfromrecoveringdamagesforbreachofcontractualdisciplinaryproceedingsaspx/doctornotprecludedfromrecoveringdamagesforbreachofcontractualdisciplinaryproceedings The High Court held an individual was not entitled to legal representation at internal disciplinary proceedings, because it was a private law employment case on a standalone disciplinary issue. http://www.xperthr.co.uk/article/102875/private-employee-not-entitled-to-legal-representation-at-disciplinary-hearing.aspx Fri, 28 May 2010 00:00:00 GMT xperthr/casereps/article102875privateemployeenotentitledtolegalrepresentationatdisciplinaryhearingaspx/privateemployeenotentitledtolegalrepresentationatdisciplinaryhearing The Court of Appeal has held that the more serious the consequences of dismissal for an employee, the more thorough the disciplinary investigation should be and, where a case turns on one employee’s word against another’s, it can be legitimate for the employer to give the accused the benefit of the doubt and to find the accusations "not proven". http://www.xperthr.co.uk/article/102683/depth-of-disciplinary-investigation-should-depend-on-seriousness-of-consequences-for-employee.aspx Fri, 21 May 2010 00:00:00 GMT xperthr/casereps/article102683depthofdisciplinaryinvestigationshoulddependonseriousnessofconsequencesforemployeeaspx/depthofdisciplinaryinvestigationshoulddependonseriousnessofconsequencesforemployee The Employment Appeal Tribunal has held that it is not a breach of the European Convention on Human Rights if a respondent employer fails to produce relevant witnesses for cross-examination at a hearing. http://www.xperthr.co.uk/article/102605/failure-to-produce-witness-for-cross-examination-is-not-a-breach-of-human-rights.aspx Tue, 18 May 2010 00:00:00 GMT xperthr/casereps/article102605failuretoproducewitnessforcrossexaminationisnotabreachofhumanrightsaspx/failuretoproducewitnessforcrossexaminationisnotabreachofhumanrights The Employment Appeal Tribunal has held that an employer’s decision maker, who is required to decide whether or not disciplinary proceedings should continue alongside criminal proceedings, has a wide discretion. http://www.xperthr.co.uk/article/102567/wide-discretion-to-postpone-disciplinary-investigation-pending-criminal-trial.aspx Mon, 17 May 2010 00:00:00 GMT xperthr/casereps/article102567widediscretiontopostponedisciplinaryinvestigationpendingcriminaltrialaspx/widediscretiontopostponedisciplinaryinvestigationpendingcriminaltrial The Court of Appeal has held that closed material procedures, which are often used in cases that involve national security interests, do not breach European law. However, it also held that, when such procedures are used, the employee must be provided with the gist of the closed evidence on which the employer seeks to rely. http://www.xperthr.co.uk/article/102449/employee-entitled-to-gist-of-evidence-despite-closed-procedure.aspx Wed, 12 May 2010 00:00:00 GMT xperthr/casereps/article102449employeeentitledtogistofevidencedespiteclosedprocedureaspx/employeeentitledtogistofevidencedespiteclosedprocedure The Court of Appeal has held that, where a union serves notice on the employer of intended industrial action, one notice is sufficient for both continuous and discontinuous industrial action. http://www.xperthr.co.uk/article/102224/trade-unions-notice-of-continuous-and-discontinuous-industrial-action-is-sufficient.aspx Fri, 30 Apr 2010 00:00:00 GMT xperthr/casereps/article102224tradeunionsnoticeofcontinuousanddiscontinuousindustrialactionissufficientaspx/tradeunionsnoticeofcontinuousanddiscontinuousindustrialactionissufficient The Court of Appeal has refused an application against an Employment Appeal Tribunal decision that a counsellor who was dismissed after he refused to give advice to same-sex couples was not discriminated against because of his religious beliefs. In doing so, the Court of Appeal rejected former Archbishop of Canterbury Lord Carey's call for a specialist panel of judges to hear cases involving religious rights. http://www.xperthr.co.uk/article/102221/no-appeal-hearing-for-christian-counsellor-over-same-sex-couple-beliefs.aspx Fri, 30 Apr 2010 00:00:00 GMT xperthr/casereps/article102221noappealhearingforchristiancounselloroversamesexcouplebeliefsaspx/noappealhearingforchristiancounselloroversamesexcouplebeliefs The Court of Appeal has held that the requirement that an employee who was close to retirement complete a law degree before he could be promoted was not indirect age discrimination. The particular disadvantage that the employee suffered was not the result of age discrimination but of the employee's forthcoming retirement. http://www.xperthr.co.uk/article/102179/degree-requirement-for-promotion-not-age-discrimination-against-employee-close-to-retirement.aspx Thu, 29 Apr 2010 00:00:00 GMT xperthr/casereps/article102179degreerequirementforpromotionnotagediscriminationagainstemployeeclosetoretirementaspx/degreerequirementforpromotionnotagediscriminationagainstemployeeclosetoretirement The Employment Appeal Tribunal (EAT) has held that an employment tribunal that held that an employee had been discriminated against on the ground of sexual orientation had failed properly to take into account, among other facts, that the employee had actively "come out" while working at a different office. http://www.xperthr.co.uk/article/101977/hm-land-registry-v-grant-eat-0232-09.aspx Thu, 22 Apr 2010 00:00:00 GMT xperthr/casereps/article101977hmlandregistryvgranteat023209aspx/hmlandregistryvgranteat023209 The Employment Appeal Tribunal has held that where a disclosure is merely an expression of opinion that fails to show that a legal obligation has been or is likely to be breached, it cannot amount to a protected or qualifying disclosure for the purposes of the whistleblowing legislation. http://www.xperthr.co.uk/article/101892/goode-v-marks-+-spencer-plc-eat-0442-09.aspx Tue, 20 Apr 2010 00:00:00 GMT xperthr/casereps/article101892goodevmarksspencerplceat044209aspx/goodevmarksspencerplceat044209 The Employment Appeal Tribunal has held that it will only rarely be unfair for an employer to proceed with a disciplinary hearing prior to holding a related grievance appeal hearing. http://www.xperthr.co.uk/article/101877/samuel-smith-old-brewery-(tadcaster)-v-marshall-and-another-eat-0488-09.aspx Wed, 21 Apr 2010 00:00:00 GMT xperthr/casereps/article101877samuelsmitholdbrewerytadcastervmarshallandanothereat048809aspx/samuelsmitholdbrewerytadcastervmarshallandanothereat048809 The Employment Appeal Tribunal has held that a worker can be protected against suffering a detriment for whistleblowing by his or her current employer when the protected disclosure was made to a previous employer. http://www.xperthr.co.uk/article/101704/bp-plc-v-elstone-and-another-eat-0141-09.aspx Mon, 12 Apr 2010 00:00:00 GMT xperthr/casereps/article101704bpplcvelstoneandanothereat014109aspx/bpplcvelstoneandanothereat014109 The Employment Appeal Tribunal (EAT) has said that the Court of Appeal ruling in Oyarce v Cheshire County Council [2008] IRLR 653 CA, where it was held that the reversal of the burden of proof is not applicable in race victimisation cases, does not apply to sex discrimination claims. http://www.xperthr.co.uk/article/101577/pothecary-witham-weld-and-another-v-bullimore-and-another-eat-0158-09.aspx Wed, 07 Apr 2010 00:00:00 GMT xperthr/casereps/article101577pothecarywithamweldandanothervbullimoreandanothereat015809aspx/pothecarywithamweldandanothervbullimoreandanothereat015809 The Court of Appeal has held that, where a claimant is alleging that separate incidents form one continuous act for the purposes of extending the normal time limit within which to bring a claim for racial discrimination, a relevant but not conclusive factor is whether the same individuals or different individuals were involved in the separate incidents. http://www.xperthr.co.uk/article/101527/aziz-v-first-division-association-(fda)-2010-ewca-civ-304-ca.aspx Thu, 01 Apr 2010 00:00:00 GMT xperthr/casereps/article101527azizvfirstdivisionassociationfda2010ewcaciv304caaspx/azizvfirstdivisionassociationfda2010ewcaciv304ca The Employment Appeal Tribunal has held that employees who successfully claim discrimination are entitled to be compensated for any injury to health or injury to feelings caused by the act complained of, even if they were unaware that the act complained of was discriminatory. http://www.xperthr.co.uk/article/101508/taylor-v-xln-telecom-and-others-eat-0385-09.aspx Wed, 31 Mar 2010 00:00:00 GMT xperthr/casereps/article101508taylorvxlntelecomandotherseat038509aspx/taylorvxlntelecomandotherseat038509 The Supreme Court has referred the question of what is meant by “paid annual leave” in the Civil Aviation Directive (2000/79/EC) and the Working Time Directive (93/104/EC) to the European Court of Justice). The issue arises in a claim by pilots that British Airways breached the statutory holiday pay requirements when it calculated pilots' paid annual leave by reference to their basic salary rather than what they would expect to earn when flying allowances were added. http://www.xperthr.co.uk/article/101405/british-airways-plc-v-williams-and-others-2010-uksc-16-sc.aspx Tue, 30 Mar 2010 00:00:00 GMT xperthr/casereps/article101405britishairwaysplcvwilliamsandothers2010uksc16scaspx/britishairwaysplcvwilliamsandothers2010uksc16sc The Court of Appeal has held that the failure of two company directors to report evidence of serious fraud against their employer was a breach of the trust and confidence that is at the heart of the contract of employment and entitled the employer to treat their contracts as repudiated. http://www.xperthr.co.uk/article/101245/dunn-and-another-v-aah-ltd-2010-ewca-civ-183-ca.aspx Thu, 25 Mar 2010 00:00:00 GMT xperthr/casereps/article101245dunnandanothervaahltd2010ewcaciv183caaspx/dunnandanothervaahltd2010ewcaciv183ca The Court of Appeal has held that it was fair and just to hold the Roman Catholic Church vicariously liable for the sexual abuse of a boy perpetrated by one of its priests. The vicarious liability arose out of the close connection between the sexual abuse and the priest's employment. http://www.xperthr.co.uk/article/101221/maga-v-trustees-of-the-birmingham-archdiocese-of-the-roman-catholic-church-2010-ewca-civ-256-ca.aspx Wed, 24 Mar 2010 00:00:00 GMT xperthr/casereps/article101221magavtrusteesofthebirminghamarchdioceseoftheromancatholicchurch2010ewcaciv256caaspx/magavtrusteesofthebirminghamarchdioceseoftheromancatholicchurch2010ewcaciv256ca The Court of Appeal has restored a tribunal decision that an employer’s decision to dismiss for gross misconduct, after it had attempted to resolve matters using a procedure applicable to minor allegations of misconduct, was outside the range of reasonable responses, and therefore unfair. http://www.xperthr.co.uk/article/101202/sarkar-v-west-london-mental-health-nhs-trust-2010-ewca-civ-289-ca.aspx Tue, 23 Mar 2010 00:00:00 GMT xperthr/casereps/article101202sarkarvwestlondonmentalhealthnhstrust2010ewcaciv289caaspx/sarkarvwestlondonmentalhealthnhstrust2010ewcaciv289ca The Employment Appeal Tribunal (EAT) has held that, even where “special circumstances” existed in a collective redundancy situation, the employer was not totally relieved from its obligations to consult with the affected employees. However, the EAT allowed part of the appeal by remitting the matter of the protective award back to the tribunal. http://www.xperthr.co.uk/article/101024/shanahan-engineering-ltd-v-unite-the-union-eat-0411-09.aspx Mon, 15 Mar 2010 00:00:00 GMT xperthr/casereps/article101024shanahanengineeringltdvunitetheunioneat041109aspx/shanahanengineeringltdvunitetheunioneat041109 The High Court has held that provisions regarding minimum crew complements, contained in collective agreements, were not legally incorporated into employees’ contracts of employment, and those employees could not rely on them. In any event an injunction sought by the employees, to restrain British Airways (BA) from crewing planes other than in accordance with that collective agreement, could not possibly be justified. http://www.xperthr.co.uk/article/101023/malone-and-others-v-british-airways-plc-2010-ewhc-302-hc.aspx Mon, 15 Mar 2010 00:00:00 GMT xperthr/casereps/article101023maloneandothersvbritishairwaysplc2010ewhc302hcaspx/maloneandothersvbritishairwaysplc2010ewhc302hc The High Court has awarded damages for injury and distress under the Protection from Harassment Act 1997. http://www.xperthr.co.uk/article/100907/rayment-v-ministry-of-defence-2010-ewhc-218-hc.aspx Wed, 10 Mar 2010 00:00:00 GMT xperthr/casereps/article100907raymentvministryofdefence2010ewhc218hcaspx/raymentvministryofdefence2010ewhc218hc The Employment Appeal Tribunal has set the penalty for an employer's failure to comply with the Information and Consultation of Employees Regulations 2004 (SI 2004/3426) at £10,000. http://www.xperthr.co.uk/article/100787/darnton-v-bournemouth-university-eat-0391-09.aspx Mon, 08 Mar 2010 00:00:00 GMT xperthr/casereps/article100787darntonvbournemouthuniversityeat039109aspx/darntonvbournemouthuniversityeat039109 The Court of Appeal has held that the “range of reasonable responses” test is not appropriate for deciding whether or not there has been a repudiatory breach of contract in constructive dismissal cases and an employer cannot cure a repudiatory breach of contract before an employee decides to resign. http://www.xperthr.co.uk/article/100708/buckland-v-bournemouth-university-higher-education-corporation-2010-ewca-civ-121-ca.aspx Thu, 04 Mar 2010 00:00:00 GMT xperthr/casereps/article100708bucklandvbournemouthuniversityhighereducationcorporation2010ewcaciv121caaspx/bucklandvbournemouthuniversityhighereducationcorporation2010ewcaciv121ca The Court of Appeal has held that an employment tribunal was wrong to find that a pay differential between male street cleaners and female carers, which had been caused by a productivity bonus given to the cleaners that was not appropriate for the carers due to the nature of the work, was not tainted by sex. http://www.xperthr.co.uk/article/100629/gibson-and-others-v-sheffield-city-council-2010-ewca-civ-63-ca.aspx Tue, 02 Mar 2010 00:00:00 GMT xperthr/casereps/article100629gibsonandothersvsheffieldcitycouncil2010ewcaciv63caaspx/gibsonandothersvsheffieldcitycouncil2010ewcaciv63ca The Employment Appeal Tribunal has held that an employer can reserve the right to vary employees' contracts unilaterally. Although varying a contractual term without notice or consultation can amount to a breach of the implied term of mutual trust and confidence, it was not asserted that there had been such a breach in this case and the employer's unilateral variation of a pay regime was therefore valid. http://www.xperthr.co.uk/article/100627/bateman-and-others-v-asda-stores-ltd-eat-0221-09.aspx Tue, 02 Mar 2010 00:00:00 GMT xperthr/casereps/article100627batemanandothersvasdastoresltdeat022109aspx/batemanandothersvasdastoresltdeat022109 The Employment Appeal Tribunal has upheld an employment tribunal decision that an employee was unfairly dismissed for viewing pornography at work during a "hypoglycaemic episode" brought on by diabetes when he behaved wholly out of character and after which he had no recollection of what he had done. However, it overturned the tribunal decision that the dismissal amounted to disability discrimination. http://www.xperthr.co.uk/article/100392/city-of-edinburgh-council-v-dickson-eats-0038-09.aspx Tue, 23 Feb 2010 00:00:00 GMT xperthr/casereps/article100392cityofedinburghcouncilvdicksoneats003809aspx/cityofedinburghcouncilvdicksoneats003809 The Employment Appeal Tribunal has upheld an employment tribunal finding that a job applicant did not suffer age discrimination when her applications were not genuine. http://www.xperthr.co.uk/article/100289/keane-v-investigo-and-others-eat-0389-09.aspx Wed, 17 Feb 2010 00:00:00 GMT xperthr/casereps/article100289keanevinvestigoandotherseat038909aspx/keanevinvestigoandotherseat038909 The Court of Appeal has upheld an employment tribunal finding that a Christian employee, who was sent home when she insisted on wearing a cross visibly, in breach of the employer's uniform policy, did not suffer indirect discrimination. The Court rejected the employee's argument that the test of indirect discrimination was met, even if she was alone in being disadvantaged by the policy. http://www.xperthr.co.uk/article/100240/eweida-v-british-airways-plc-2010-ewca-civ-80-ca.aspx Mon, 15 Feb 2010 00:00:00 GMT xperthr/casereps/article100240eweidavbritishairwaysplc2010ewcaciv80caaspx/eweidavbritishairwaysplc2010ewcaciv80ca The Court of Appeal has upheld an employment tribunal decision that an agency worker was not an employee of the end user. Nor was he in its employment under the wider meaning in anti-discrimination legislation. Therefore, he was unable to bring claims against it for unfair dismissal, wrongful dismissal and discrimination. http://www.xperthr.co.uk/article/100136/muschett-v-hm-prison-service-2010-ewca-civ-25-ca.aspx Wed, 10 Feb 2010 00:00:00 GMT xperthr/casereps/article100136muschettvhmprisonservice2010ewcaciv25caaspx/muschettvhmprisonservice2010ewcaciv25ca The Court of Appeal has restored an employment tribunal decision that a transferee was not bound by the terms of a pay increase made under a collective agreement that was incorporated into the contracts before the transfer, where the increase was made under an agreement reached after the transfer in which the transferee played no part. http://www.xperthr.co.uk/article/99861/parkwood-leisure-ltd-v-alemo-herron-and-others-2010-ewca-civ-24-ca.aspx Wed, 03 Feb 2010 00:00:00 GMT xperthr/casereps/article99861parkwoodleisureltdvalemoherronandothers2010ewcaciv24caaspx/parkwoodleisureltdvalemoherronandothers2010ewcaciv24ca The European Court of Justice (ECJ) has held that a German law excluding employment before the age of 25 when calculating notice periods based on length of service is contrary to the Employment Framework Directive (2000/78/EC). http://www.xperthr.co.uk/article/99742/kckdeveci-v-swedex-gmbh-+-co-case-c-555-07-ecj.aspx Tue, 02 Feb 2010 00:00:00 GMT xperthr/casereps/article99742kckdevecivswedexgmbhcocasec55507ecjaspx/kücükdevecivswedexgmbhcocasec55507ecj The Employment Appeal Tribunal has considered whether or not a disabled employee with two related impairments that she suffered concurrently but that individually did not last 12 months each qualify for protection under the Disability Discrimination Act 1995. http://www.xperthr.co.uk/article/99725/patel-v-oldham-metropolitan-borough-council-and-another-eat-0225-09.aspx Fri, 29 Jan 2010 00:00:00 GMT xperthr/casereps/article99725patelvoldhammetropolitanboroughcouncilandanothereat022509aspx/patelvoldhammetropolitanboroughcouncilandanothereat022509 The Employment Appeal Tribunal has considered who qualifies as "affected employees" who must be informed and consulted on a TUPE transfer through their employee representatives. http://www.xperthr.co.uk/article/99723/unison-v-somerset-county-council-and-others-eat-0043-09.aspx Fri, 29 Jan 2010 00:00:00 GMT xperthr/casereps/article99723unisonvsomersetcountycouncilandotherseat004309aspx/unisonvsomersetcountycouncilandotherseat004309 The Court of Appeal has held that an employee who was employed under a series of fixed-term contracts and whose contract was terminated could bring a claim of unfair dismissal despite the fact that he was employed to work outside Great Britain. Territorial limitations to unfair dismissal rights should be modified where necessary to enable a right emanating from European law to be enforced. http://www.xperthr.co.uk/article/99691/(1)-duncombe-and-others-(2)-fletcher-v-secretary-of-state-for-children,-schools-and-families-2009-ewca-civ-1355-ca.aspx Wed, 27 Jan 2010 00:00:00 GMT xperthr/casereps/article996911duncombeandothers2fletchervsecretaryofstateforchildrenschoolsandfamilies2009ewcaciv1355caaspx/1duncombeandothers2fletchervsecretaryofstateforchildrenschoolsandfamilies2009ewcaciv1355ca The Employment Appeal Tribunal has held that a worker who fails to comply with statutory or contractual notice requirements for taking holiday can lose annual leave at the end of the leave year if not taken. The right to take annual leave is not inalienable. http://www.xperthr.co.uk/article/99602/lyons-v-mitie-security-ltd-eat-0081-09.aspx Fri, 22 Jan 2010 00:00:00 GMT xperthr/casereps/article99602lyonsvmitiesecurityltdeat008109aspx/lyonsvmitiesecurityltdeat008109 The Court of Appeal has held that an employee should have been allowed to be accompanied by a lawyer at a disciplinary hearing in circumstances where a consequence of the hearing could be the addition of his name to the register of individuals deemed unsuitable to work with children. http://www.xperthr.co.uk/article/99560/r-(on-the-application-of-g)-v-governors-of-x-school-and-y-city-council-2010-ewca-civ-1-ca.aspx Thu, 21 Jan 2010 00:00:00 GMT xperthr/casereps/article99560rontheapplicationofgvgovernorsofxschoolandycitycouncil2010ewcaciv1caaspx/rontheapplicationofgvgovernorsofxschoolandycitycouncil2010ewcaciv1ca The Employment Appeal Tribunal has upheld an employment tribunal decision that an individual was an employee of a union, even though he was also employed by another employer. Employees can be employed by two employers at the same time, provided that the jobs are compatible with each other. http://www.xperthr.co.uk/article/99453/prison-officers-association-and-others-v-gough-and-another-eat-0405-09.aspx Mon, 18 Jan 2010 00:00:00 GMT xperthr/casereps/article99453prisonofficersassociationandothersvgoughandanothereat040509aspx/prisonofficersassociationandothersvgoughandanothereat040509 The European Court of Justice has held that a maximum age limit of 68 for dentists to work in the German health service is potentially legitimate. http://www.xperthr.co.uk/article/99418/petersen-v-berufungsausschuss-fr-zahnrzte-fr-den-bezirk-westfalen-lippe-case-c-341-08-ecj.aspx Fri, 15 Jan 2010 00:00:00 GMT xperthr/casereps/article99418petersenvberufungsausschussfrzahnrztefrdenbezirkwestfalenlippecasec34108ecjaspx/petersenvberufungsausschussfürzahnärztefürdenbezirkwestfalenlippecasec34108ecj The European Court of Justice has held that a German law restricting applicants to the fire service to individuals under the age of 30 is permissible as a genuine occupational requirement. http://www.xperthr.co.uk/article/99416/wolf-v-stadt-frankfurt-am-main-case-c-229-08-ecj.aspx Fri, 15 Jan 2010 00:00:00 GMT xperthr/casereps/article99416wolfvstadtfrankfurtammaincasec22908ecjaspx/wolfvstadtfrankfurtammaincasec22908ecj The Court of Appeal has criticised an employment tribunal’s suggestion that tribunals should adopt a “liberal” approach when considering whether or not to extend the time limit for lodging a claim. http://www.xperthr.co.uk/article/99382/chief-constable-of-lincolnshire-police-v-caston-2009-ewca-civ-1298-ca.aspx Thu, 14 Jan 2010 00:00:00 GMT xperthr/casereps/article99382chiefconstableoflincolnshirepolicevcaston2009ewcaciv1298caaspx/chiefconstableoflincolnshirepolicevcaston2009ewcaciv1298ca The Employment Appeal Tribunal has upheld an employment tribunal finding that the employer had not failed to carry out a risk assessment on the basis that the requirement to carry out an assessment did not apply to the employee's work. There is no general obligation to carry out a risk assessment on pregnant employees so that a failure to do so amounts to discrimination per se. The obligation to carry out a risk assessment is triggered only in certain circumstances. http://www.xperthr.co.uk/article/99362/oneill-v-buckinghamshire-county-council-eat-0020-09.aspx Tue, 12 Jan 2010 00:00:00 GMT xperthr/casereps/article99362oneillvbuckinghamshirecountycouncileat002009aspx/oneillvbuckinghamshirecountycouncileat002009 The Employment Appeal Tribunal has held that the monitoring of an employee who has been disciplined for breaching his or her employer's procedures was a legitimate management instruction and not a disciplinary sanction. http://www.xperthr.co.uk/article/99329/national-society-for-the-prevention-of-cruelty-to-children-v-dear-eat-0553-08.aspx Tue, 12 Jan 2010 00:00:00 GMT xperthr/casereps/article99329nationalsocietyforthepreventionofcrueltytochildrenvdeareat055308aspx/nationalsocietyforthepreventionofcrueltytochildrenvdeareat055308 The Employment Appeal Tribunal has held that an employer complied with its duty to make reasonable adjustments for disabled employees when it moved an employee to another location where the adjustments could be more easily made. http://www.xperthr.co.uk/article/99327/garrett-v-lidl-ltd-eat-0541-08.aspx Tue, 12 Jan 2010 00:00:00 GMT xperthr/casereps/article99327garrettvlidlltdeat054108aspx/garrettvlidlltdeat054108 The Court of Appeal has held that a registrar who refused to conduct civil partnership ceremonies between same-sex couples on the grounds that to do so would violate her Christian beliefs was not discriminated against on the grounds of her religion. http://www.xperthr.co.uk/article/98983/ladele-v-london-borough-of-islington-2009-ewca-civ-1357-ca.aspx Thu, 17 Dec 2009 00:00:00 GMT xperthr/casereps/article98983ladelevlondonboroughofislington2009ewcaciv1357caaspx/ladelevlondonboroughofislington2009ewcaciv1357ca The Employment Appeal Tribunal has upheld an employment tribunal decision to dismiss a sex discrimination claim by a male trainee police officer who was required to get his hair cut. http://www.xperthr.co.uk/article/98926/dansie-v-commissioner-of-police-for-the-metropolis-eat-0234-09.aspx Thu, 17 Dec 2009 00:00:00 GMT xperthr/casereps/article98926dansievcommissionerofpoliceforthemetropoliseat023409aspx/dansievcommissionerofpoliceforthemetropoliseat023409 The Employment Appeal Tribunal has held that a sleep-in payment was not an allowance for the purpose of the national minimum wage. Therefore it should not be excluded from the calculation of the hourly rate paid by the employer. http://www.xperthr.co.uk/article/98774/smith-v-oxfordshire-learning-disability-nhs-trust-eat-0176-09.aspx Thu, 10 Dec 2009 00:00:00 GMT xperthr/casereps/article98774smithvoxfordshirelearningdisabilitynhstrusteat017609aspx/smithvoxfordshirelearningdisabilitynhstrusteat017609 The Court of Appeal has held that an employer was vicariously liable under the Protection from Harassment Act 1997 for a manager's unusually serious harassment of an employee. http://www.xperthr.co.uk/article/98671/veakins-v-kier-islington-ltd-2009-ewca-civ-1288-ca.aspx Tue, 08 Dec 2009 00:00:00 GMT xperthr/casereps/article98671veakinsvkierislingtonltd2009ewcaciv1288caaspx/veakinsvkierislingtonltd2009ewcaciv1288ca The House of Lords is hearing a challenge to the Court of Appeal decision that British Airways was not in breach of statutory holiday pay requirements when it calculated pilots' paid annual leave by reference to their basic salary rather than what they would expect to earn when flying allowances were added. http://www.xperthr.co.uk/article/98600/british-airways-plc-v-williams.aspx Mon, 07 Dec 2009 00:00:00 GMT xperthr/casereps/article98600britishairwaysplcvwilliamsaspx/britishairwaysplcvwilliams The Court of Appeal is hearing an appeal against the Employment Appeal Tribunal ruling that a man can bring a "piggyback" claim comparing himself with a female colleague doing like work, work rated as equivalent or work of equal value who has herself succeeded in an equal pay claim. http://www.xperthr.co.uk/article/98598/hartlepool-borough-council-v-llewellyn-and-other-appeals.aspx Mon, 07 Dec 2009 00:00:00 GMT xperthr/casereps/article98598hartlepoolboroughcouncilvllewellynandotherappealsaspx/hartlepoolboroughcouncilvllewellynandotherappeals The Court of Appeal is hearing an appeal against the High Court decision that an employee should have been allowed to be accompanied by a lawyer at a disciplinary hearing in circumstances where a consequence of the hearing could be the addition of his name to the register of individuals deemed unsuitable to work with children. http://www.xperthr.co.uk/article/98537/r-(on-the-application-of-g)-v-the-governors-of-x-school.aspx Fri, 04 Dec 2009 00:00:00 GMT xperthr/casereps/article98537rontheapplicationofgvthegovernorsofxschoolaspx/rontheapplicationofgvthegovernorsofxschool The Employment Appeal Tribunal has agreed with an employment tribunal decision that a counsellor who was dismissed after he refused to give advice to same-sex couples was not discriminated against because of his religious beliefs. http://www.xperthr.co.uk/article/98452/mcfarlane-v-relate-avon-ltd-eat-0106-09.aspx Tue, 01 Dec 2009 00:00:00 GMT xperthr/casereps/article98452mcfarlanevrelateavonltdeat010609aspx/mcfarlanevrelateavonltdeat010609 The Employment Appeal Tribunal has held that the national minimum wage relates to a worker's basic rate of pay, even if he or she normally works only at night at an enhanced rate. http://www.xperthr.co.uk/article/98425/hamilton-house-medical-ltd-v-hillier-eat-0246-09.aspx Mon, 30 Nov 2009 00:00:00 GMT xperthr/casereps/article98425hamiltonhousemedicalltdvhilliereat024609aspx/hamiltonhousemedicalltdvhilliereat024609 The Employment Appeal Tribunal has held that an employer had not been required to investigate further the mental health of an employee whom it dismissed for gross misconduct. http://www.xperthr.co.uk/article/98216/metropolitan-police-commissioner-and-others-v-eioyaccu-eat-0023-09.aspx Fri, 20 Nov 2009 00:00:00 GMT xperthr/casereps/article98216metropolitanpolicecommissionerandothersveioyaccueat002309aspx/metropolitanpolicecommissionerandothersveioyaccueat002309 The Employment Appeal Tribunal (EAT) has held that the bands set out in Vento v Chief Constable of West Yorkshire Police (No.2) [2003] IRLR 102 CA for compensation for injury to feelings in discrimination cases should be increased to take account of inflation. http://www.xperthr.co.uk/article/98185/dabell-v-national-society-for-prevention-of-cruelty-to-children-eat-0227-09.aspx Thu, 19 Nov 2009 00:00:00 GMT xperthr/casereps/article98185dabellvnationalsocietyforpreventionofcrueltytochildreneat022709aspx/dabellvnationalsocietyforpreventionofcrueltytochildreneat022709 The Court of Appeal has held that employees who suffer a stigma when looking for a new job as a result of having brought a discrimination claim against a previous employer are entitled to be compensated for their loss by that employer. http://www.xperthr.co.uk/article/98126/chagger-v-abbey-national-plc-and-another-2009-ewca-civ-1202-ca.aspx Tue, 17 Nov 2009 00:00:00 GMT xperthr/casereps/article98126chaggervabbeynationalplcandanother2009ewcaciv1202caaspx/chaggervabbeynationalplcandanother2009ewcaciv1202ca The Employment Appeal Tribunal has held that a solicitor's letter complaining to an employer about an employee's treatment does not constitute the disclosure of information for the purposes of bringing a protected disclosure unfair dismissal claim. http://www.xperthr.co.uk/article/98101/cavendish-munro-professional-risks-management-ltd-v-geduld-eat-0195-09.aspx Mon, 16 Nov 2009 00:00:00 GMT xperthr/casereps/article98101cavendishmunroprofessionalrisksmanagementltdvgeduldeat019509aspx/cavendishmunroprofessionalrisksmanagementltdvgeduldeat019509 The Employment Appeal Tribunal has upheld an employment tribunal decision that a volunteer was unable to bring a claim of disability discrimination against the organisation for which she volunteered when it ended the arrangement. http://www.xperthr.co.uk/article/98001/x-v-mid-sussex-citizens-advice-bureau-and-another-eat-0220-08,-05511-08.aspx Wed, 11 Nov 2009 00:00:00 GMT xperthr/casereps/article98001xvmidsussexcitizensadvicebureauandanothereat0220080551108aspx/xvmidsussexcitizensadvicebureauandanothereat0220080551108 The Employment Appeal Tribunal has held that, contrary to the position with sex discrimination, pay protection arrangements that are discriminatory on the ground of age are always potentially justifiable. http://www.xperthr.co.uk/article/97914/pulham-and-others-v-london-borough-of-barking-and-dagenham-eat-0516-08.aspx Mon, 09 Nov 2009 00:00:00 GMT xperthr/casereps/article97914pulhamandothersvlondonboroughofbarkinganddagenhameat051608aspx/pulhamandothersvlondonboroughofbarkinganddagenhameat051608 The Employment Appeal Tribunal has held that an employee's asserted belief that mankind is heading towards catastrophic climate change and we are under a moral duty to act to mitigate or avoid this is capable of being a philosophical belief for the purposes of the Employment Equality (Religion or Belief) Regulations 2003 (SI 2003/1660). http://www.xperthr.co.uk/article/97814/grainger-plc-and-others-v-nicholson-eat-0219-09.aspx Wed, 04 Nov 2009 00:00:00 GMT xperthr/casereps/article97814graingerplcandothersvnicholsoneat021909aspx/graingerplcandothersvnicholsoneat021909 The Employment Appeal Tribunal has held that employment tribunals can hear claims under the Disability Discrimination Act 1995 in relation to association with a disabled person. http://www.xperthr.co.uk/article/97753/ebr-attridge-law-llp-v-coleman-eat-0071-09.aspx Mon, 02 Nov 2009 00:00:00 GMT xperthr/casereps/article97753ebrattridgelawllpvcolemaneat007109aspx/ebrattridgelawllpvcolemaneat007109 The European Court of Justice has held that pay in lieu of notice given to a worker who is dismissed without notice during part-time parental leave should be calculated on the basis of his or her full-time salary. http://www.xperthr.co.uk/article/97588/meerts-v-proost-nv-case-c-116-08-ecj.aspx Tue, 27 Oct 2009 00:00:00 GMT xperthr/casereps/article97588meertsvproostnvcasec11608ecjaspx/meertsvproostnvcasec11608ecj The Court of Appeal has considered when employment tribunals can set aside the general rule that the use of length of service to set pay levels does not have to be objectively justified in order to defeat an equal pay claim. http://www.xperthr.co.uk/article/97473/wilson-v-health-and-safety-executive-2009-ewca-civ-1074-ca.aspx Thu, 22 Oct 2009 00:00:00 GMT xperthr/casereps/article97473wilsonvhealthandsafetyexecutive2009ewcaciv1074caaspx/wilsonvhealthandsafetyexecutive2009ewcaciv1074ca The Court of Appeal has held that an employer that does not inform and consult with employees who are transferring under TUPE because of a mistaken belief in the legal position will not automatically be in breach of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246). http://www.xperthr.co.uk/article/97411/royal-mail-group-ltd-v-communication-workers-union-2009-ewca-civ-1045-ca.aspx Tue, 20 Oct 2009 00:00:00 GMT xperthr/casereps/article97411royalmailgroupltdvcommunicationworkersunion2009ewcaciv1045caaspx/royalmailgroupltdvcommunicationworkersunion2009ewcaciv1045ca The Court of Appeal has upheld an employment tribunal decision that a group of car valeters were employees despite the existence of a written agreement that described them as independent contractors and that allowed them to substitute others to carry out their duties. The written agreement did not accurately reflect the agreement between the parties, and the requirements for an employment contract were satisfied. http://www.xperthr.co.uk/article/97362/autoclenz-ltd-v-belcher-and-others-2009-ewca-civ-1046-ca.aspx Mon, 19 Oct 2009 00:00:00 GMT xperthr/casereps/article97362autoclenzltdvbelcherandothers2009ewcaciv1046caaspx/autoclenzltdvbelcherandothers2009ewcaciv1046ca The Employment Appeal Tribunal has held that an employer fairly dismissed an employee when a client refused to have him carry out work for it. http://www.xperthr.co.uk/article/97252/henderson-v-connect-(south-tyneside)-ltd-eat-0209-09.aspx Wed, 14 Oct 2009 00:00:00 GMT xperthr/casereps/article97252hendersonvconnectsouthtynesideltdeat020909aspx/hendersonvconnectsouthtynesideltdeat020909 The Employment Appeal Tribunal has heard an appeal against an employment tribunal decision that an employee's belief that mankind is headed towards catastrophic climate change is a philosophical belief within the meaning of the Employment Equality (Religion or Belief) Regulations 2003. http://www.xperthr.co.uk/article/97173/tw-nicholson-v-grainger-plc-and-others.aspx Mon, 12 Oct 2009 00:00:00 GMT xperthr/casereps/article97173twnicholsonvgraingerplcandothersaspx/twnicholsonvgraingerplcandothers The Court of Appeal has held that, when compensation for constructive dismissal is assessed, credit should be given for earnings during the notice period. The principles in Norton Tool do not apply to constructive dismissal cases. http://www.xperthr.co.uk/article/97081/stuart-peters-ltd-v-bell-2009-ewca-civ-938.aspx Tue, 06 Oct 2009 00:00:00 GMT xperthr/casereps/article97081stuartpetersltdvbell2009ewcaciv938aspx/stuartpetersltdvbell2009ewcaciv938 The Employment Appeal Tribunal has held that the reverse burden of proof applies to claims of unlawful race discrimination on the ground of colour. http://www.xperthr.co.uk/article/96909/edozie-v-g4s-security-services-(uk)-ltd-and-another--eat-0124-09.aspx Wed, 30 Sep 2009 00:00:00 GMT xperthr/casereps/article96909edozievg4ssecurityservicesukltdandanothereat012409aspx/edozievg4ssecurityservicesukltdandanothereat012409 The High Court has held that the default retirement age of 65 is lawful, but said that it could not see how it could continue after the Government's review in 2010. http://www.xperthr.co.uk/article/96801/r-(on-the-application-of-age-uk)-v-secretary-of-state-for-business,-innovation-and-skills-2009-ewhc-2336-hc.aspx Fri, 25 Sep 2009 00:00:00 GMT xperthr/casereps/article96801rontheapplicationofageukvsecretaryofstateforbusinessinnovationandskills2009ewhc2336hcaspx/rontheapplicationofageukvsecretaryofstateforbusinessinnovationandskills2009ewhc2336hc The European Court of Justice has held that an employer triggers the duty to consult employees about collective redundancies under the Collective Redundancies Directive (98/59/EC) when it adopts strategic decisions or changes in activities that compel it to contemplate or plan for collective redundancies. http://www.xperthr.co.uk/article/96586/akavan-erityisalojen-keskusliitto-aek-ry-and-others-v-fujitsu-siemens-computers-oy-case-c-44-08-ecj.aspx Fri, 18 Sep 2009 00:00:00 GMT xperthr/casereps/article96586akavanerityisalojenkeskusliittoaekryandothersvfujitsusiemenscomputersoycasec4408ecjaspx/akavanerityisalojenkeskusliittoaekryandothersvfujitsusiemenscomputersoycasec4408ecj The Employment Appeal Tribunal has overturned an employment tribunal finding that an employer was motivated by an employee's gender when it failed to follow its disciplinary process when it dismissed him, following an allegation of rape made against him. The EAT held that, although tribunals must be alive to the fact that stereotypical views of male and female behaviour exist, there must be evidence for a tribunal to conclude that an employer has been motivated by those views. http://www.xperthr.co.uk/article/96576/b-and-c-v-a-eat-0503-08.aspx Wed, 16 Sep 2009 00:00:00 GMT xperthr/casereps/article96576bandcvaeat050308aspx/bandcvaeat050308 The European Court of Justice has held that the Working Time Directive (2003/88/EC) must be interpreted as precluding national provisions or collective agreements that provide that a worker who is on sick leave during a period of annual leave scheduled in his or her employer's annual leave planning schedule does not have the right, after his or her recovery, to take annual leave at a time other than that originally scheduled. http://www.xperthr.co.uk/article/96503/pereda-v-madrid-movilidad-sa-case-c-277-08-ecj.aspx Tue, 15 Sep 2009 00:00:00 GMT xperthr/casereps/article96503peredavmadridmovilidadsacasec27708ecjaspx/peredavmadridmovilidadsacasec27708ecj The Employment Appeal Tribunal has held that an employer committed direct age discrimination against an employee when it made him redundant at the age of 49 in order to avoid paying an early retirement pension that he would be entitled to if he left employment when he was aged 50 or over. http://www.xperthr.co.uk/article/96501/mayor-and-burgesses-of-the-london-borough-of-tower-hamlets-v-wooster-eat-0441-08.aspx Tue, 15 Sep 2009 00:00:00 GMT xperthr/casereps/article96501mayorandburgessesofthelondonboroughoftowerhamletsvwoostereat044108aspx/mayorandburgessesofthelondonboroughoftowerhamletsvwoostereat044108 The Employment Appeal Tribunal has held that an employer's choice of who to include in a redundancy selection pool was within the range of reasonable responses because it was based on genuine, sound business reasons. Employers should be afforded a good deal of flexibility in the determination of the pool of selection for redundancy. http://www.xperthr.co.uk/article/96279/lomond-motors-ltd-v-clark-eats-0019-09.aspx Mon, 07 Sep 2009 00:00:00 GMT xperthr/casereps/article96279lomondmotorsltdvclarkeats001909aspx/lomondmotorsltdvclarkeats001909 The Employment Appeal Tribunal has held that a special constable's inability to meet the physical requirements to become a regular constable is not an adverse effect on her ability to carry out normal day-to-day activities when deciding whether or not she is disabled. http://www.xperthr.co.uk/article/96104/chief-constable-of-lothian-and-borders-police-v-cumming-eats-0077-08.aspx Tue, 01 Sep 2009 00:00:00 GMT xperthr/casereps/article96104chiefconstableoflothianandborderspolicevcummingeats007708aspx/chiefconstableoflothianandborderspolicevcummingeats007708 The Employment Appeal Tribunal has given guidance on when a substantial change in a transferred employee's working conditions can entitle him or her to treat the contract as being terminated by the employer. http://www.xperthr.co.uk/article/95891/tapere-v-south-london-and-maudsley-nhs-trust-2009-irlr-972-eat.aspx Mon, 24 Aug 2009 00:00:00 GMT xperthr/casereps/article95891taperevsouthlondonandmaudsleynhstrust2009irlr972eataspx/taperevsouthlondonandmaudsleynhstrust2009irlr972eat The Employment Appeal Tribunal has held that an employer directly discriminated against an employee when it did not promote her because of concerns that the new position would put her in danger because of her race. http://www.xperthr.co.uk/article/95776/amnesty-international-v-ahmed-eat-0447-08.aspx Wed, 19 Aug 2009 00:00:00 GMT xperthr/casereps/article95776amnestyinternationalvahmedeat044708aspx/amnestyinternationalvahmedeat044708 The Employment Appeal Tribunal has held that an employer did not unfairly dismiss an employee when it failed to investigate in detail the nature of his misconduct in circumstances where he had admitted his guilt. http://www.xperthr.co.uk/article/95611/manor-oak-(pmg)-ltd-v-kelly-eats-0070-08.aspx Fri, 07 Aug 2009 00:00:00 GMT xperthr/casereps/article95611manoroakpmgltdvkellyeats007008aspx/manoroakpmgltdvkellyeats007008 The Court of Appeal has held that rules in the Teachers' Pension Scheme that exclude retired teachers who return to part-time work could be indirectly discriminatory. http://www.xperthr.co.uk/article/95492/somerset-county-council-and-another-v-pike-2009-ewca-civ-808-ca.aspx Fri, 31 Jul 2009 00:00:00 GMT xperthr/casereps/article95492somersetcountycouncilandanothervpike2009ewcaciv808caaspx/somersetcountycouncilandanothervpike2009ewcaciv808ca The Court of Appeal has held that a doctor should be allowed to be accompanied by a lawyer at a disciplinary hearing in circumstances where he or she is facing charges that are of such gravity that, in the event they are proven, he or she will effectively be barred from employment in the NHS. http://www.xperthr.co.uk/article/95322/kulkarni-v-milton-keynes-hospital-nhs-foundation-trust-and-another-2009-ewca-civ-789-ca.aspx Fri, 24 Jul 2009 00:00:00 GMT xperthr/casereps/article95322kulkarnivmiltonkeyneshospitalnhsfoundationtrustandanother2009ewcaciv789caaspx/kulkarnivmiltonkeyneshospitalnhsfoundationtrustandanother2009ewcaciv789ca The Employment Appeal Tribunal has considered when it is fair to dismiss an employee who has taken unauthorised absence to take part in industrial action. http://www.xperthr.co.uk/article/95291/sehmi-v-gate-gourmet-london-ltd-sandhu-and-others-v-gate-gourmet-london-ltd-eat-0264-08-+-eat-0265-08.aspx Thu, 23 Jul 2009 00:00:00 GMT xperthr/casereps/article95291sehmivgategourmetlondonltdsandhuandothersvgategourmetlondonltdeat026408eat026508aspx/sehmivgategourmetlondonltdsandhuandothersvgategourmetlondonltdeat026408eat026508 The Court of Appeal has considered transferees' liability for equal pay claims made by transferred employees following a TUPE transfer. http://www.xperthr.co.uk/article/95248/gutridge-and-others-v-sodexo-and-another-2009-ewca-civ-729-ca.aspx Tue, 21 Jul 2009 00:00:00 GMT xperthr/casereps/article95248gutridgeandothersvsodexoandanother2009ewcaciv729caaspx/gutridgeandothersvsodexoandanother2009ewcaciv729ca The Employment Appeal Tribunal has held that, in a claim of disability-related discrimination, and where the employer had failed to make a reasonable adjustment, the employment tribunal's failure to carry out a comparative exercise according to London Borough of Lewisham v Malcolm did not invalidate its decision that there had been less favourable treatment for a reason related to the employee's disability. http://www.xperthr.co.uk/article/95155/fareham-college-corporation-v-walters-eat-0396-08,-0076-09.aspx Wed, 15 Jul 2009 00:00:00 GMT xperthr/casereps/article95155farehamcollegecorporationvwalterseat039608007609aspx/farehamcollegecorporationvwalterseat039608007609 The Court of Appeal has held that the effective date of termination of an employee who was dismissed for gross misconduct was the date on which she opened and read the letter from her employer informing her of the dismissal. http://www.xperthr.co.uk/article/95005/gisda-cyf-v-barratt-2009-ewca-civ-648-ca.aspx Fri, 10 Jul 2009 00:00:00 GMT xperthr/casereps/article95005gisdacyfvbarratt2009ewcaciv648caaspx/gisdacyfvbarratt2009ewcaciv648ca The House of Lords has held that the term "likely" in the context of conditions that are likely to recur or likely to have a substantial adverse effect but for treatment in paras.2(2) and 6(1) of sch.1 to the Disability Discrimination Act 1995 means "could well happen". http://www.xperthr.co.uk/article/94846/sca-packaging-limited-v-boyle-2009-ukhl-37-hl.aspx Fri, 03 Jul 2009 00:00:00 GMT xperthr/casereps/article94846scapackaginglimitedvboyle2009ukhl37hlaspx/scapackaginglimitedvboyle2009ukhl37hl The Employment Appeal Tribunal has held that, when deciding whether or not there has been a service provision change for TUPE purposes, employment tribunals should ask themselves if the activities carried on by the alleged transferee are fundamentally or essentially the same as those carried out by the alleged transferor. http://www.xperthr.co.uk/article/94756/metropolitan-resources-ltd-v-churchill-dulwich-ltd-(in-liquidation)-and-others-eat-0286-08.aspx Tue, 30 Jun 2009 00:00:00 GMT xperthr/casereps/article94756metropolitanresourcesltdvchurchilldulwichltdinliquidationandotherseat028608aspx/metropolitanresourcesltdvchurchilldulwichltdinliquidationandotherseat028608 The Employment Appeal Tribunal has held that an employment tribunal erred in its approach to deciding whether or not to order the reinstatement of an employee after a successful claim for unfair dismissal. http://www.xperthr.co.uk/article/94671/central-+-north-west-london-nhs-foundation-trust-v-abimbola-eat-0542-08.aspx Wed, 24 Jun 2009 00:00:00 GMT xperthr/casereps/article94671centralnorthwestlondonnhsfoundationtrustvabimbolaeat054208aspx/centralnorthwestlondonnhsfoundationtrustvabimbolaeat054208 The High Court is hearing the Age Concern and Help the Aged legal challenge to the 65 default retirement age on 16 July. http://www.xperthr.co.uk/article/94669/heydays-legal-challenge-to-default-retirement-age.aspx Wed, 24 Jun 2009 00:00:00 GMT xperthr/casereps/article94669heydayslegalchallengetodefaultretirementageaspx/heydayslegalchallengetodefaultretirementage The High Court has rejected an employer's claim for damages for fraudulent or negligent misrepresentation against a director who failed to disclose a history of depression when she applied for a job. http://www.xperthr.co.uk/article/94533/cheltenham-borough-council-v-laird-2009-ewhc-1253-hc.aspx Thu, 18 Jun 2009 00:00:00 GMT xperthr/casereps/article94533cheltenhamboroughcouncilvlaird2009ewhc1253hcaspx/cheltenhamboroughcouncilvlaird2009ewhc1253hc The House of Lords has held that workers, including those on long-term sick leave who have a claim for unpaid annual leave under the Working Time Regulations 1998, are entitled to bring claims before an employment tribunal not only under the Working Time Regulations 1998 (SI 1998/1833), but also under s.13 of the Employment Rights Act 1996, which gives workers the right not to have unlawful deductions made from their wages. http://www.xperthr.co.uk/article/94368/hm-revenue-and-customs-v-stringer-and-others-2009-ukhl-31-hl.aspx Wed, 10 Jun 2009 00:00:00 GMT xperthr/casereps/article94368hmrevenueandcustomsvstringerandothers2009ukhl31hlaspx/hmrevenueandcustomsvstringerandothers2009ukhl31hl The Employment Appeal Tribunal has held that, in order for an equal pay claimant to rely on a comparator employed at a different establishment, there must be a real possibility of the comparator doing the same, or a broadly similar, job at the claimant's place of work. In addition, the claimant must show that the terms and conditions on which the comparator would be employed are broadly similar to those on which the comparator is currently employed. http://www.xperthr.co.uk/article/94206/dumfries-and-galloway-council-v-north-and-others-eats-0047-08.aspx Wed, 03 Jun 2009 00:00:00 GMT xperthr/casereps/article94206dumfriesandgallowaycouncilvnorthandotherseats004708aspx/dumfriesandgallowaycouncilvnorthandotherseats004708 The House of Lords has held that an employer in Northern Ireland could refuse to recruit job applicants on the grounds that they had supported the use of violence for political ends during the Troubles, even though they had since renounced these views. http://www.xperthr.co.uk/article/94074/mcconkey-and-another-v-the-simon-community-2009-ukhl-24-hl.aspx Thu, 28 May 2009 00:00:00 GMT xperthr/casereps/article94074mcconkeyandanothervthesimoncommunity2009ukhl24hlaspx/mcconkeyandanothervthesimoncommunity2009ukhl24hl The Court of Appeal has held that an employment tribunal could hear a claim against a former employer for victimisation on the grounds of non-payment of a tribunal award. http://www.xperthr.co.uk/article/93956/rank-nemo-(dms)-ltd-v-coutinho-2009-ewca-civ-454-ca.aspx Fri, 22 May 2009 00:00:00 GMT xperthr/casereps/article93956ranknemodmsltdvcoutinho2009ewcaciv454caaspx/ranknemodmsltdvcoutinho2009ewcaciv454ca The Employment Appeal Tribunal has given guidance for employment tribunals considering cases in which the "last straw" in a series of actions by an employer results in an employee resigning and claiming unfair constructive dismissal. http://www.xperthr.co.uk/article/93947/wishaw-and-district-housing-association-v-moncrieff-eats-0066-08.aspx Fri, 22 May 2009 00:00:00 GMT xperthr/casereps/article93947wishawanddistricthousingassociationvmoncrieffeats006608aspx/wishawanddistricthousingassociationvmoncrieffeats006608 The Employment Appeal Tribunal has held that the "range of reasonable responses" test does not apply to constructive dismissal. http://www.xperthr.co.uk/article/93911/bournemouth-university-higher-education-corporation-v-buckland-eat-0492-08.aspx Wed, 20 May 2009 00:00:00 GMT xperthr/casereps/article93911bournemouthuniversityhighereducationcorporationvbucklandeat049208aspx/bournemouthuniversityhighereducationcorporationvbucklandeat049208 The Employment Appeal Tribunal has held that the claimant's part-time status does not have to be the sole reason for the less favourable treatment in order for him or her to succeed in a claim under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551). http://www.xperthr.co.uk/article/93873/carl-v-university-of-sheffield-eat-0261-08.aspx Wed, 20 May 2009 00:00:00 GMT xperthr/casereps/article93873carlvuniversityofsheffieldeat026108aspx/carlvuniversityofsheffieldeat026108 The Court of Appeal has upheld a High Court decision that two collective agreements giving points for length of service in the redundancy selection process are lawful under the age discrimination legislation. http://www.xperthr.co.uk/article/93772/rolls-royce-plc-v-unite-2009-ewca-civ-387-ca.aspx Fri, 15 May 2009 00:00:00 GMT xperthr/casereps/article93772rollsroyceplcvunite2009ewcaciv387caaspx/rollsroyceplcvunite2009ewcaciv387ca The Court of Appeal has upheld an Employment Appeal Tribunal decision that tips and service charges distributed by troncmasters did not count towards the national minimum wage. http://www.xperthr.co.uk/article/93609/annabels-(berkeley-square)-ltd-and-others-v-commissioners-for-her-majestys-revenue-and-customs-2009-ewca-civ-361-ca.aspx Fri, 08 May 2009 00:00:00 GMT xperthr/casereps/article93609annabelsberkeleysquareltdandothersvcommissionersforhermajestysrevenueandcustoms2009ewcaciv361caaspx/annabelsberkeleysquareltdandothersvcommissionersforhermajestysrevenueandcustoms2009ewcaciv361ca The Court of Appeal has held that British Airways was not in breach of statutory holiday pay requirements when it calculated pilots' paid annual leave by reference to their basic salary rather than what they would expect to earn when flying allowances were added. http://www.xperthr.co.uk/article/93438/british-airways-plc-v-williams-and-others-2009-ewca-civ-281-ca.aspx Fri, 01 May 2009 00:00:00 GMT xperthr/casereps/article93438britishairwaysplcvwilliamsandothers2009ewcaciv281caaspx/britishairwaysplcvwilliamsandothers2009ewcaciv281ca The House of Lords heard this case on 30 April 2009. It is applying to UK law the European Court of Justice's ruling that the right to paid annual leave continues to accrue during sick leave and, on termination of the employment relationship, a worker who has been on sick leave and unable to take paid annual leave is entitled to a payment in lieu. http://www.xperthr.co.uk/article/93436/stringer-and-others-v-hm-revenue-and-customs-sub-nom-commissioners-of-inland-revenue.aspx Fri, 01 May 2009 00:00:00 GMT xperthr/casereps/article93436stringerandothersvhmrevenueandcustomssubnomcommissionersofinlandrevenueaspx/stringerandothersvhmrevenueandcustomssubnomcommissionersofinlandrevenue The Court of Appeal has held that the removal of an employee from the payroll while he was suspended and negotiating a compromise agreement was sufficient to establish an effective date of termination for unfair dismissal purposes. http://www.xperthr.co.uk/article/93271/kirklees-metropolitan-borough-council-v-radecki-2009-ewca-civ-298-ca.aspx Mon, 27 Apr 2009 00:00:00 GMT xperthr/casereps/article93271kirkleesmetropolitanboroughcouncilvradecki2009ewcaciv298caaspx/kirkleesmetropolitanboroughcouncilvradecki2009ewcaciv298ca The Court of Appeal has held that employees whose contract had been varied were employed in a stable employment relationship. The change to their terms did not have the effect of triggering the time limit for equal pay claims. Therefore their claims were in time. http://www.xperthr.co.uk/article/93220/slack-and-others-v-cumbria-county-council-(intervener-equality-and-human-rights-commission)-2009-ewca-civ-293-ca.aspx Wed, 22 Apr 2009 00:00:00 GMT xperthr/casereps/article93220slackandothersvcumbriacountycouncilintervenerequalityandhumanrightscommission2009ewcaciv293caaspx/slackandothersvcumbriacountycouncilintervenerequalityandhumanrightscommission2009ewcaciv293ca The Court of Appeal has upheld an Employment Appeal Tribunal (EAT) decision that employees who identified that their grievance related to equal pay complied with step one of the statutory grievance procedure. It was not necessary for the employees to identify comparators when raising their grievance. http://www.xperthr.co.uk/article/93105/suffolk-mental-health-partnership-nhs-trust-v-hurst-and-others-sandwell-metropolitan-borough-council-and-others-v-arnold-and-other.aspx Thu, 16 Apr 2009 00:00:00 GMT xperthr/casereps/article93105suffolkmentalhealthpartnershipnhstrustvhurstandotherssandwellmetropolitanboroughcouncilandothersvarnoldandotheraspx/suffolkmentalhealthpartnershipnhstrustvhurstandotherssandwellmetropolitanboroughcouncilandothersvarnoldandothers2009ewcaciv309ca The Court of Appeal had held that there is no reason in principle why a director and controlling shareholder cannot also be an employee. http://www.xperthr.co.uk/article/93011/secretary-of-state-for-business,-enterprise-and-regulatory-reform-v-neufeld-and-howe-2009-ewca-civ-280-ca.aspx Wed, 08 Apr 2009 00:00:00 GMT xperthr/casereps/article93011secretaryofstateforbusinessenterpriseandregulatoryreformvneufeldandhowe2009ewcaciv280caaspx/secretaryofstateforbusinessenterpriseandregulatoryreformvneufeldandhowe2009ewcaciv280ca The Employment Appeal Tribunal has held that an employment tribunal must consider reducing the compensatory award if it finds that the claimant is guilty of contributory fault. http://www.xperthr.co.uk/article/92832/swallow-security-services-ltd-v-millicent-eat-0297-08.aspx Wed, 01 Apr 2009 00:00:00 GMT xperthr/casereps/article92832swallowsecurityservicesltdvmillicenteat029708aspx/swallowsecurityservicesltdvmillicenteat029708 The Court of Appeal has allowed an appeal against a finding of unfair dismissal where the employment tribunal substituted its own view for that of the employer, despite warning itself that it must not do so. http://www.xperthr.co.uk/article/92668/london-ambulance-service-nhs-trust-v-small-2009-ewca-civ-220-ca.aspx Wed, 25 Mar 2009 00:00:00 GMT xperthr/casereps/article92668londonambulanceservicenhstrustvsmall2009ewcaciv220caaspx/londonambulanceservicenhstrustvsmall2009ewcaciv220ca The High Court has held that an employee should have been allowed to be accompanied by a lawyer at a disciplinary hearing in circumstances where a consequence of the hearing could be the addition of his name to the register of individuals deemed unsuitable to work with children. http://www.xperthr.co.uk/article/92557/r-(on-the-application-of-g)-v-the-governors-of-x-school-2009-ewhc-504-hc.aspx Fri, 20 Mar 2009 00:00:00 GMT xperthr/casereps/article92557rontheapplicationofgvthegovernorsofxschool2009ewhc504hcaspx/rontheapplicationofgvthegovernorsofxschool2009ewhc504hc The Employment Appeal Tribunal has refused permission for a Christian registrar who was disciplined for refusing to conduct civil partnership ceremonies between same-sex couples to appeal against its decision that she was not discriminated against on the grounds of her religion. http://www.xperthr.co.uk/article/92353/london-borough-of-islington-v-ladele.aspx Thu, 12 Mar 2009 00:00:00 GMT xperthr/casereps/article92353londonboroughofislingtonvladeleaspx/londonboroughofislingtonvladele An appeal has been lodged to the Court of Appeal against the Employment Appeal Tribunal decision that a Christian employee, who was sent home when she insisted on wearing a cross visibly, in breach of the employer's uniform policy, did not suffer indirect discrimination. http://www.xperthr.co.uk/article/92283/eweida-v-british-airways-plc.aspx Mon, 09 Mar 2009 00:00:00 GMT xperthr/casereps/article92283eweidavbritishairwaysplcaspx/eweidavbritishairwaysplc The European Court of Justice has held that the UK legislation permitting employers to dismiss employees aged 65 or over if the reason for dismissal is retirement can, in principle, be justified under the Framework Directive. http://www.xperthr.co.uk/article/92191/r-(on-the-application-of-the-incorporated-trustees-of-the-national-council-on-ageing)-v-secretary-of-state-for-business,-enterpris.aspx Thu, 05 Mar 2009 00:00:00 GMT xperthr/casereps/article92191rontheapplicationoftheincorporatedtrusteesofthenationalcouncilonageingvsecretaryofstateforbusinessenterprisaspx/rontheapplicationoftheincorporatedtrusteesofthenationalcouncilonageingvsecretaryofstateforbusinessenterpriseandregulatoryreformcasec38807ecj The Court of Appeal has upheld an employment tribunal finding that an individual was an employee, despite the existence of a services agreement. For such an agreement to be a sham, there is no need for there to be an intention to deceive a third party. http://www.xperthr.co.uk/article/92172/protectacoat-firthglow-ltd-v-szilagyi-2009-ewca-civ-98-ca.aspx Wed, 04 Mar 2009 00:00:00 GMT xperthr/casereps/article92172protectacoatfirthglowltdvszilagyi2009ewcaciv98caaspx/protectacoatfirthglowltdvszilagyi2009ewcaciv98ca The Court of Appeal has held that, where an employer has inadvertently failed to make a reasonable adjustment for a disabled person, the time limit for bringing a disability discrimination claim begins to run at the end of the period during which the employer might reasonably have been expected to make the adjustment. http://www.xperthr.co.uk/article/91989/matuszowicz-v-kingston-upon-hull-city-council-2009-ewca-civ-22-ca.aspx Wed, 25 Feb 2009 00:00:00 GMT xperthr/casereps/article91989matuszowiczvkingstonuponhullcitycouncil2009ewcaciv22caaspx/matuszowiczvkingstonuponhullcitycouncil2009ewcaciv22ca The Employment Appeal Tribunal (EAT) has held that a remark by a director to a female manager that she might be "married off in India" constituted harassment within the meaning of s.3A of the Race Relations Act 1976. http://www.xperthr.co.uk/article/91887/richmond-pharmacology-v-dhaliwal-eat-0458-08.aspx Mon, 23 Feb 2009 00:00:00 GMT xperthr/casereps/article91887richmondpharmacologyvdhaliwaleat045808aspx/richmondpharmacologyvdhaliwaleat045808 The Employment Appeal Tribunal has upheld an employment tribunal finding that a dismissal was automatically unfair because the risk of dismissal was not made clear in the step one letter. http://www.xperthr.co.uk/article/91833/zimmer-ltd-v-brezan-eat-0294-08.aspx Wed, 18 Feb 2009 00:00:00 GMT xperthr/casereps/article91833zimmerltdvbrezaneat029408aspx/zimmerltdvbrezaneat029408 The Employment Appeal Tribunal has held that a social worker who was dismissed for promoting his religious beliefs to service users did not suffer religion or belief discrimination. http://www.xperthr.co.uk/article/91708/chondol-v-liverpool-city-council-eat-0298-08.aspx Fri, 13 Feb 2009 00:00:00 GMT xperthr/casereps/article91708chondolvliverpoolcitycouncileat029808aspx/chondolvliverpoolcitycouncileat029808 The Employment Appeal Tribunal has held that the House of Lords decision in the housing case of London Borough of Lewisham v Malcolm [2008] IRLR 700 HL on the appropriate comparator for disability-related discrimination applies to employment cases. http://www.xperthr.co.uk/article/91631/child-support-agency-(dudley)-v-truman-eat-0293-08.aspx Tue, 10 Feb 2009 00:00:00 GMT xperthr/casereps/article91631childsupportagencydudleyvtrumaneat029308aspx/childsupportagencydudleyvtrumaneat029308 The Employment Appeal Tribunal has considered the criteria that must be met for an employer to be exempt from the duty to make reasonable adjustments under the Disability Discrimination Act 1995 if it does not know, and could not reasonably be expected to know, that an individual has a disability. http://www.xperthr.co.uk/article/91502/eastern-and-coastal-kent-pct-v-jocelyn-grey-eat-0454-08.aspx Thu, 05 Feb 2009 00:00:00 GMT xperthr/casereps/article91502easternandcoastalkentpctvjocelyngreyeat045408aspx/easternandcoastalkentpctvjocelyngreyeat045408 The Employment Appeal Tribunal has held that an employee who is constructively dismissed without notice or pay in lieu is entitled to compensation for the whole of the notice period even if he or she has received wages from another employer during that period. http://www.xperthr.co.uk/article/91407/stuart-peters-ltd-v-bell-eat-0272-08.aspx Mon, 02 Feb 2009 00:00:00 GMT xperthr/casereps/article91407stuartpetersltdvbelleat027208aspx/stuartpetersltdvbelleat027208 The Employment Appeal Tribunal has upheld an employment tribunal decision that there is no obligation under TUPE for transferees to consult with representatives after a transfer. http://www.xperthr.co.uk/article/91339/ucatt-v-amicus-and-others-amicus-and-another-v-city-building-(glasgow)-llp-and-others-eat-0007-08-+-eat-0014-08.aspx Thu, 29 Jan 2009 00:00:00 GMT xperthr/casereps/article91339ucattvamicusandothersamicusandanothervcitybuildingglasgowllpandotherseat000708eat001408aspx/ucattvamicusandothersamicusandanothervcitybuildingglasgowllpandotherseat000708eat001408 The Employment Appeal Tribunal has held that facts not known to an employer at the time a decision to dismiss is made cannot make a dismissal fair, although it can affect the amount of compensation awarded to the employee. http://www.xperthr.co.uk/article/91228/blackford-farms-ltd-v-mulqueeney-eats-0032-08.aspx Fri, 23 Jan 2009 00:00:00 GMT xperthr/casereps/article91228blackfordfarmsltdvmulqueeneyeats003208aspx/blackfordfarmsltdvmulqueeneyeats003208 The European Court of Justice has held that the right to paid annual leave continues to accrue during sick leave and, on termination of the employment relationship, a worker who has been on sick leave and unable to take paid annual leave is entitled to a payment in lieu. http://www.xperthr.co.uk/article/91187/schultz-hoff-v-deutsche-rentenversicherung-bund-stringer-and-others-v-her-majestys-revenue-and-customs-cases-c-350-06-and-c-520-06.aspx Wed, 21 Jan 2009 00:00:00 GMT xperthr/casereps/article91187schultzhoffvdeutscherentenversicherungbundstringerandothersvhermajestysrevenueandcustomscasesc35006andc52006aspx/schultzhoffvdeutscherentenversicherungbundstringerandothersvhermajestysrevenueandcustomscasesc35006andc52006ecj The Employment Appeal Tribunal has held that an employment tribunal was not wrong to hold that a claim was out of time and there was no continuing act of discrimination. Nor was it wrong not to exercise its discretion to hear the claim on just and equitable grounds. http://www.xperthr.co.uk/article/91178/grimshaw-v-griffin-signs-ltd-and-others-eat-0299-08.aspx Wed, 21 Jan 2009 00:00:00 GMT xperthr/casereps/article91178grimshawvgriffinsignsltdandotherseat029908aspx/grimshawvgriffinsignsltdandotherseat029908 The Employment Appeal Tribunal has held that an employment tribunal did not have jurisdiction to hear claims against British Airways for non-payment of flying allowances to cabin crew who had not been able to fly because of an airport closure. http://www.xperthr.co.uk/article/91129/lucy-and-others-v-british-airways-plc-eat-0033-08.aspx Mon, 19 Jan 2009 00:00:00 GMT xperthr/casereps/article91129lucyandothersvbritishairwaysplceat003308aspx/lucyandothersvbritishairwaysplceat003308 The Employment Appeal Tribunal has given guidance on when employment tribunals can set aside the general rule that the use of length of service to set pay levels does not have to be objectively justified in order to defeat an equal pay claim. http://www.xperthr.co.uk/article/91031/wilson-v-health-and-safety-executive-eat-0050-08.aspx Wed, 14 Jan 2009 00:00:00 GMT xperthr/casereps/article91031wilsonvhealthandsafetyexecutiveeat005008aspx/wilsonvhealthandsafetyexecutiveeat005008 An employment tribunal held that it does have jurisdiction to hear a claim under the Disability Discrimination Act 1995 on the ground of an association with a disabled person. The EAT is hearing an appeal. http://www.xperthr.co.uk/article/90903/coleman-v-attridge-law.aspx Mon, 12 Jan 2009 00:00:00 GMT xperthr/casereps/article90903colemanvattridgelawaspx/colemanvattridgelaw The Employment Appeal Tribunal has held that a law firm's compulsory retirement of a partner when he reached 65 was not justified. http://www.xperthr.co.uk/article/90752/seldon-v-clarkson-wright-+-jakes-eat-0063-08.aspx Mon, 05 Jan 2009 00:00:00 GMT xperthr/casereps/article90752seldonvclarksonwrightjakeseat006308aspx/seldonvclarksonwrightjakeseat006308 The Employment Appeal Tribunal has held that a registrar who refused to conduct civil partnership ceremonies between same-sex couples on the grounds that to do so would violate her Christian beliefs was not discriminated against on the grounds of her religion. http://www.xperthr.co.uk/article/90750/london-borough-of-islington-v-ladele-eat-0453-08.aspx Mon, 05 Jan 2009 00:00:00 GMT xperthr/casereps/article90750londonboroughofislingtonvladeleeat045308aspx/londonboroughofislingtonvladeleeat045308 The Court of Appeal has held that the Employment Equality (Sexual Orientation) Regulations 2003 do cover homophobic abuse against a man who is not gay and who is not perceived to be gay by those who made the remarks. http://www.xperthr.co.uk/article/90717/english-v-thomas-sanderson-blinds-2008-ewca-civ-1421-ca.aspx Fri, 19 Dec 2008 00:00:00 GMT xperthr/casereps/article90717englishvthomassandersonblinds2008ewcaciv1421caaspx/englishvthomassandersonblinds2008ewcaciv1421ca The House of Lords has refused leave to appeal against the Court of Appeal decision that two councils' arrangements to protect the pay of predominantly male groups after a job evaluation scheme were discriminatory and could not be justified. http://www.xperthr.co.uk/article/90685/redcar-+-cleveland-borough-council-v-bainbridge-and-equality-and-human-rights-commission-and-other-appeals.aspx Mon, 22 Dec 2008 00:00:00 GMT xperthr/casereps/article90685redcarclevelandboroughcouncilvbainbridgeandequalityandhumanrightscommissionandotherappealsaspx/redcarclevelandboroughcouncilvbainbridgeandequalityandhumanrightscommissionandotherappeals An employment tribunal has held that it does have jurisdiction to hear a claim under the Disability Discrimination Act 1995 on the ground of an association with a disabled person. http://www.xperthr.co.uk/article/90252/coleman-v-attridge-law-et-2303745-2005.aspx Tue, 02 Dec 2008 00:00:00 GMT xperthr/casereps/article90252colemanvattridgelawet23037452005aspx/colemanvattridgelawet23037452005 The House of Lords has refused the GMB permission to appeal against the Court of Appeal ruling that it committed indirect sex discrimination in failing to pursue Middlesbrough Borough Council in connection with a long-running equal pay dispute. http://www.xperthr.co.uk/article/90199/allen-and-others-v-gmb.aspx Mon, 01 Dec 2008 00:00:00 GMT xperthr/casereps/article90199allenandothersvgmbaspx/allenandothersvgmb The Employment Appeal Tribunal has upheld an employment tribunal finding that a Christian employee, who was sent home when she insisted on wearing a cross visibly, in breach of the employer's uniform policy, did not suffer indirect discrimination. http://www.xperthr.co.uk/article/90085/eweida-v-british-airways-plc-eat-0123-08.aspx Tue, 25 Nov 2008 00:00:00 GMT xperthr/casereps/article90085eweidavbritishairwaysplceat012308aspx/eweidavbritishairwaysplceat012308 The Employment Appeal Tribunal has held that an employment tribunal was wrong to rely on previously submitted tribunal claim forms as statements of grievance, when deciding whether or not it had jurisdiction to hear constructive dismissal claims. http://www.xperthr.co.uk/article/89935/step-in-time-ltd-v-(1)-fox-and-(2)-hunter-eats-0031-08.aspx Wed, 19 Nov 2008 00:00:00 GMT xperthr/casereps/article89935stepintimeltdv1foxand2huntereats003108aspx/stepintimeltdv1foxand2huntereats003108 The Court of Appeal has held that paying bonuses to employees who worked night shifts did not constitute sex discrimination. http://www.xperthr.co.uk/article/89750/blackburn-and-another-v-chief-constable-of-west-midlands-police-2008-ewca-civ-1208-ca.aspx Wed, 12 Nov 2008 00:00:00 GMT xperthr/casereps/article89750blackburnandanothervchiefconstableofwestmidlandspolice2008ewcaciv1208caaspx/blackburnandanothervchiefconstableofwestmidlandspolice2008ewcaciv1208ca The Employment Appeal Tribunal has held that an employee who raised a grievance about her "pay" did not satisfy step one of the modified grievance procedure in relation to a complaint about her level of bonus payment. http://www.xperthr.co.uk/article/89748/european-credit-management-ltd-v-hosso-eat-0240-08.aspx Wed, 12 Nov 2008 00:00:00 GMT xperthr/casereps/article89748europeancreditmanagementltdvhossoeat024008aspx/europeancreditmanagementltdvhossoeat024008 The Employment Appeal Tribunal has held that harassment on grounds of religion occurred where the employer was motivated by the religion of another person. http://www.xperthr.co.uk/article/89570/saini-v-all-saints-haque-centre-and-others-eat-0227-08.aspx Tue, 04 Nov 2008 00:00:00 GMT xperthr/casereps/article89570sainivallsaintshaquecentreandotherseat022708aspx/sainivallsaintshaquecentreandotherseat022708 The Court of Appeal has heard an appeal against the Employment Appeal Tribunal decision that the Employment Equality (Sexual Orientation) Regulations 2003 do not cover homophobic banter against a man who is not gay and who is not perceived to be gay by those who made the remarks. http://www.xperthr.co.uk/article/89555/english-v-thomas-sanderson-blinds-ltd.aspx Tue, 04 Nov 2008 00:00:00 GMT xperthr/casereps/article89555englishvthomassandersonblindsltdaspx/englishvthomassandersonblindsltd The Employment Appeal Tribunal has held that an employee's unambiguous resignation will be found not to be effective only in exceptional circumstances. http://www.xperthr.co.uk/article/89428/ali-v-birmingham-city-council-eat-0313-08.aspx Mon, 03 Nov 2008 00:00:00 GMT xperthr/casereps/article89428alivbirminghamcitycouncileat031308aspx/alivbirminghamcitycouncileat031308 The Employment Appeal Tribunal has held that a 55 year old was not discriminated against when his employer dismissed him for displaying ageist attitudes towards two younger managers. http://www.xperthr.co.uk/article/89426/live-nation-(venues)-uk-ltd-v-hussain-and-other-appeals-eat-0234-08,-eat-0235-08-+-eat-0236-08.aspx Fri, 31 Oct 2008 00:00:00 GMT xperthr/casereps/article89426livenationvenuesukltdvhussainandotherappealseat023408eat023508eat023608aspx/livenationvenuesukltdvhussainandotherappealseat023408eat023508eat023608 The Employment Appeal Tribunal has overturned an employment tribunal decision that an employer discriminated against an employee who was close to retirement when it required him to complete a law degree before he could be promoted. http://www.xperthr.co.uk/article/89382/chief-constable-of-west-yorkshire-police-v-homer-eat-0191-08.aspx Wed, 29 Oct 2008 00:00:00 GMT xperthr/casereps/article89382chiefconstableofwestyorkshirepolicevhomereat019108aspx/chiefconstableofwestyorkshirepolicevhomereat019108 The Employment Appeal Tribunal has held that the reverse burden of proof does apply to claims of discrimination on the grounds of colour under race discrimination legislation. http://www.xperthr.co.uk/article/89294/chagger-v-abbey-national-plc-and-another-eat-0606-07.aspx Mon, 27 Oct 2008 00:00:00 GMT xperthr/casereps/article89294chaggervabbeynationalplcandanothereat060607aspx/chaggervabbeynationalplcandanothereat060607 The Court of Appeal has upheld a county court decision to award damages for psychiatric injury due to excessive work-related stress. http://www.xperthr.co.uk/article/89230/dickins-v-o2-plc-2008-ewca-civ-1144-ca.aspx Wed, 22 Oct 2008 00:00:00 GMT xperthr/casereps/article89230dickinsvo2plc2008ewcaciv1144caaspx/dickinsvo2plc2008ewcaciv1144ca The High Court has held that two collective agreements that set out an approach to redundancy that gives points for length of service in the selection process are lawful under the age discrimination legislation. http://www.xperthr.co.uk/article/89227/rolls-royce-v-unite-2008-ewhc-2420-hc.aspx Wed, 22 Oct 2008 00:00:00 GMT xperthr/casereps/article89227rollsroycevunite2008ewhc2420hcaspx/rollsroycevunite2008ewhc2420hc The European Court of Justice has held that, for the purposes of the Insolvency Directive (80/987/EC), an undertaking from one member state can be regarded as having activities in another member state if it has a stable economic presence there. It does not need to have a branch or fixed establishment in that member state. http://www.xperthr.co.uk/article/89179/svenska-staten-genom-tillsynsmyndigheten-i-konkurser-v-holmqvist-case-c-310-07-ecj.aspx Thu, 23 Oct 2008 00:00:00 GMT xperthr/casereps/article89179svenskastatengenomtillsynsmyndighetenikonkurservholmqvistcasec31007ecjaspx/svenskastatengenomtillsynsmyndighetenikonkurservholmqvistcasec31007ecj The Employment Appeal Tribunal has held that an employee's admission of gross misconduct limited the need for a detailed investigation by her employer prior to dismissal. http://www.xperthr.co.uk/article/89037/community-integrated-care-ltd-v-smith-eats-0015-08.aspx Thu, 16 Oct 2008 00:00:00 GMT xperthr/casereps/article89037communityintegratedcareltdvsmitheats001508aspx/communityintegratedcareltdvsmitheats001508 The Employment Appeal Tribunal has upheld an employment tribunal decision that an employee was entitled to take time off to care for dependants and suffered a detriment for doing so. The meaning of "unexpected" in relation to the disruption to an employee's childcare arrangements does not involve a time element. http://www.xperthr.co.uk/article/88871/royal-bank-of-scotland-plc-v-harrison-eat-0093-08.aspx Wed, 08 Oct 2008 00:00:00 GMT xperthr/casereps/article88871royalbankofscotlandplcvharrisoneat009308aspx/royalbankofscotlandplcvharrisoneat009308 The Advocate General has said that UK legislation permitting employers to dismiss employees aged 65 or over if the reason for dismissal is retirement can, in principle, be justified under the Framework Directive. http://www.xperthr.co.uk/article/88513/r-(on-the-application-of-the-incorporated-trustees-of-the-national-council-on-ageing)-v-secretary-of-state-for-business,-enterpris.aspx Tue, 23 Sep 2008 00:00:00 GMT xperthr/casereps/article88513rontheapplicationoftheincorporatedtrusteesofthenationalcouncilonageingvsecretaryofstateforbusinessenterprisaspx/rontheapplicationoftheincorporatedtrusteesofthenationalcouncilonageingvsecretaryofstateforbusinessenterpriseandregulatoryreform The President of Employment Tribunals has directed that all claims about the employment status of individuals who are a director and majority shareholder of a company should be stayed, pending the outcome of the Court of Appeal decision in Secretary of State for Business, Enterprise and Regulatory Reform v Neufeld. http://www.xperthr.co.uk/article/88434/secretary-of-state-for-business,-enterprise-and-regulatory-reform-v-neufeld.aspx Fri, 19 Sep 2008 00:00:00 GMT xperthr/casereps/article88434secretaryofstateforbusinessenterpriseandregulatoryreformvneufeldaspx/secretaryofstateforbusinessenterpriseandregulatoryreformvneufeld The Employment Appeal Tribunal has held that a contractual term can override the requirement in the Working Time Regulations 1998 that employers give employees notice of holiday dates that is double the amount of time to be taken. http://www.xperthr.co.uk/article/88389/industrial-+-commercial-maintenance-ltd-v-briffa-eat-0215-08-+-eat-0216-08.aspx Thu, 18 Sep 2008 00:00:00 GMT xperthr/casereps/article88389industrialcommercialmaintenanceltdvbriffaeat021508eat021608aspx/industrialcommercialmaintenanceltdvbriffaeat021508eat021608 The Employment Appeal Tribunal has considered the approach tribunals should take when calculating loss of earnings in unfair dismissal cases. http://www.xperthr.co.uk/article/88190/adey-jones-v-odowd-eat-0098-08.aspx Wed, 10 Sep 2008 00:00:00 GMT xperthr/casereps/article88190adeyjonesvodowdeat009808aspx/adeyjonesvodowdeat009808 The Employment Appeal Tribunal has stressed that the statutory grievance procedures do not apply in cases where the dispute results in the employee's dismissal. http://www.xperthr.co.uk/article/88084/maley-v-royal-mail-group-ltd-eat-0232-08.aspx Thu, 04 Sep 2008 00:00:00 GMT xperthr/casereps/article88084maleyvroyalmailgroupltdeat023208aspx/maleyvroyalmailgroupltdeat023208 The Employment Appeal Tribunal has held that, where discrimination is alleged to have occurred in Paris and later London, the employment tribunal's jurisdiction is limited to the discriminatory acts that took place in London. http://www.xperthr.co.uk/article/87848/tradition-securities-and-futures-sa-v-x-and-another-eat-0202-08.aspx Tue, 26 Aug 2008 00:00:00 GMT xperthr/casereps/article87848traditionsecuritiesandfuturessavxandanothereat020208aspx/traditionsecuritiesandfuturessavxandanothereat020208 The Employment Appeal Tribunal has considered transferees' liability for equal pay claims made by transferred employees following a TUPE transfer. http://www.xperthr.co.uk/article/87814/sodexo-ltd-v-gutridge-and-others-eat-0024-08.aspx Wed, 20 Aug 2008 00:00:00 GMT xperthr/casereps/article87814sodexoltdvgutridgeandotherseat002408aspx/sodexoltdvgutridgeandotherseat002408 The Employment Appeal Tribunal has held that the removal of an employee from the payroll while he was suspended and negotiating a compromise agreement did not terminate his employment. http://www.xperthr.co.uk/article/87762/radecki-v-kirklees-metropolitan-borough-council-eat-0114-08.aspx Mon, 18 Aug 2008 00:00:00 GMT xperthr/casereps/article87762radeckivkirkleesmetropolitanboroughcouncileat011408aspx/radeckivkirkleesmetropolitanboroughcouncileat011408 The Court of Appeal has held that the duty to make reasonable adjustments for the disabled does not require employers to dilute the standards that have to be met before an individual can do a job. http://www.xperthr.co.uk/article/87677/hart-v-chief-constable-of-derbyshire-constabulary-2008-ewca-civ-929-ca.aspx Wed, 13 Aug 2008 00:00:00 GMT xperthr/casereps/article87677hartvchiefconstableofderbyshireconstabulary2008ewcaciv929caaspx/hartvchiefconstableofderbyshireconstabulary2008ewcaciv929ca The Employment Appeal Tribunal has held that an employment tribunal did not correctly assess whether or not a redundancy scheme that excluded older workers could be justified. http://www.xperthr.co.uk/article/87610/loxley-v-bae-systems-land-systems-(munitions-+-ordnance)-ltd-eat-0156-08.aspx Thu, 07 Aug 2008 00:00:00 GMT xperthr/casereps/article87610loxleyvbaesystemslandsystemsmunitionsordnanceltdeat015608aspx/loxleyvbaesystemslandsystemsmunitionsordnanceltdeat015608 The Court of Appeal has held that arrangements to protect the pay of predominantly male groups after a job evaluation scheme were discriminatory and could not be justified. http://www.xperthr.co.uk/article/87549/redcar-+-cleveland-borough-council-v-bainbridge-and-others-surtees-and-others-v-middlesbrough-borough-council-2008-ewca-civ-885-ca.aspx Tue, 05 Aug 2008 00:00:00 GMT xperthr/casereps/article87549redcarclevelandboroughcouncilvbainbridgeandotherssurteesandothersvmiddlesbroughboroughcouncil2008ewcaciv885caaspx/redcarclevelandboroughcouncilvbainbridgeandotherssurteesandothersvmiddlesbroughboroughcouncil2008ewcaciv885ca The Court of Appeal has held that a delay of four months between a dismissal and appeal did not render dismissals automatically unfair because the statutory dismissal and disciplinary procedure had been completed. http://www.xperthr.co.uk/article/87471/selvarajan-v-wilmot-and-others-2008-ewca-civ-862-ca.aspx Wed, 30 Jul 2008 00:00:00 GMT xperthr/casereps/article87471selvarajanvwilmotandothers2008ewcaciv862caaspx/selvarajanvwilmotandothers2008ewcaciv862ca The Employment Appeal Tribunal has considered the scope of the justification defence in claims of direct age discrimination. http://www.xperthr.co.uk/article/87323/macculloch-v-imperial-chemical-industries-plc-eat-0119-08.aspx Mon, 28 Jul 2008 00:00:00 GMT xperthr/casereps/article87323maccullochvimperialchemicalindustriesplceat011908aspx/maccullochvimperialchemicalindustriesplceat011908 The Employment Appeal Tribunal, applying the Court of Appeal decision in James v London Borough of Greenwich, has held that an agency worker was not an employee of an end user. http://www.xperthr.co.uk/article/87257/beck-v-london-borough-of-camden-and-another-eat-0121-08.aspx Wed, 23 Jul 2008 00:00:00 GMT xperthr/casereps/article87257beckvlondonboroughofcamdenandanothereat012108aspx/beckvlondonboroughofcamdenandanothereat012108 The European Court of Justice has held that the Framework Employment Directive (2000/78/EC) does cover direct discrimination and harassment against an employee on the ground of his or her association with a disabled person. http://www.xperthr.co.uk/article/87122/coleman-v-attridge-law-and-another-case-c-303-06-ecj.aspx Thu, 17 Jul 2008 00:00:00 GMT xperthr/casereps/article87122colemanvattridgelawandanothercasec30306ecjaspx/colemanvattridgelawandanothercasec30306ecj The Employment Appeal Tribunal (EAT) has upheld an employment tribunal decision that an employee who was allowed to sleep for much of his shift, but had to deal with anything untoward that might arise, was entitled to be paid the national minimum wage for the whole shift. http://www.xperthr.co.uk/article/87119/burrow-down-support-services-ltd-v-rossiter-eat-0592-07.aspx Thu, 17 Jul 2008 00:00:00 GMT xperthr/casereps/article87119burrowdownsupportservicesltdvrossitereat059207aspx/burrowdownsupportservicesltdvrossitereat059207 The European Court of Justice has held that an employer's public statement of a discriminatory recruitment policy is direct discrimination contrary to the Race Directive (2000/43/EC). http://www.xperthr.co.uk/article/87113/centrum-voor-gelijkheid-van-kansen-en-voor-racismebestrijding-v-firma-feryn-nv-c-54-07-ecj.aspx Mon, 21 Jul 2008 00:00:00 GMT xperthr/casereps/article87113centrumvoorgelijkheidvankansenenvoorracismebestrijdingvfirmaferynnvc5407ecjaspx/centrumvoorgelijkheidvankansenenvoorracismebestrijdingvfirmaferynnvc5407ecj An employment tribunal held that the compulsory retirement of a partner in a law firm was a proportionate means of achieving the legitimate aims of ensuring that associates had the opportunity to become a partner after a reasonable period and maintaining the friendly culture of the firm by avoiding confrontation with underperforming partners who were close to retirement. The Employment Appeal Tribunal has heard an appeal. http://www.xperthr.co.uk/article/87104/seldon-v-clarkson-wright-and-jakes.aspx Wed, 16 Jul 2008 00:00:00 GMT xperthr/casereps/article87104seldonvclarksonwrightandjakesaspx/seldonvclarksonwrightandjakes The Court of Appeal has held that the GMB committed indirect sex discrimination in failing to pursue Middlesbrough Borough Council in connection with a long-running equal pay dispute. http://www.xperthr.co.uk/article/87102/allen-and-others-v-gmb-2008-ewca-civ-810-ca.aspx Thu, 17 Jul 2008 00:00:00 GMT xperthr/casereps/article87102allenandothersvgmb2008ewcaciv810caaspx/allenandothersvgmb2008ewcaciv810ca The Employment Appeal Tribunal has held that an employee who was dismissed when he brought tribunal proceedings in order to harass his employer, rather than to receive compensation, was not protected by the victimisation provisions of the Race Relations Act 1976. http://www.xperthr.co.uk/article/86941/hm-prison-service-and-others-v-ibimidun-ibimidun-v-hm-prison-service-and-others-eat-0408-07-+-eat-0517-07.aspx Thu, 10 Jul 2008 00:00:00 GMT xperthr/casereps/article86941hmprisonserviceandothersvibimidunibimidunvhmprisonserviceandotherseat040807eat051707aspx/hmprisonserviceandothersvibimidunibimidunvhmprisonserviceandotherseat040807eat051707 The Employment Appeal Tribunal has held that a grievance letter stating that a complaint was informal and not intended to invoke the statutory procedure was a valid grievance under step one of the statutory grievance procedure. http://www.xperthr.co.uk/article/86940/procek-v-oakford-farms-ltd-eat-0049-08.aspx Thu, 10 Jul 2008 00:00:00 GMT xperthr/casereps/article86940procekvoakfordfarmsltdeat004908aspx/procekvoakfordfarmsltdeat004908 The Court of Appeal has held that a protective award for an insolvent company's failure to consult on redundancies should have been paid out of the company's assets by the liquidator and not by the Secretary of State for Business Enterprise and Regulatory Reform. http://www.xperthr.co.uk/article/86938/haine-v-secretary-of-state-for-business-enterprise-and-regulatory-reform-and-another-2008-ewca-civ-626-ca.aspx Thu, 10 Jul 2008 00:00:00 GMT xperthr/casereps/article86938hainevsecretaryofstateforbusinessenterpriseandregulatoryreformandanother2008ewcaciv626caaspx/hainevsecretaryofstateforbusinessenterpriseandregulatoryreformandanother2008ewcaciv626ca The employer is appealing the Employment Appeal Tribunal decision that tips and service charges distributed by troncmasters did not count towards the national minimum wage. http://www.xperthr.co.uk/article/86754/commissioners-for-her-majestys-revenue-and-customs-v-annabels-(berkeley-square)-ltd-and-others.aspx Wed, 02 Jul 2008 00:00:00 GMT xperthr/casereps/article86754commissionersforhermajestysrevenueandcustomsvannabelsberkeleysquareltdandothersaspx/commissionersforhermajestysrevenueandcustomsvannabelsberkeleysquareltdandothers In a decision that could have a significant impact on employment disability discrimination cases, the House of Lords has overturned the Court of Appeal decision that a disabled tenant was discriminated against by his landlord. http://www.xperthr.co.uk/article/86736/mayor-and-burgesses-of-the-london-borough-of-lewisham-v-malcolm-2008-ukhl-43-hl.aspx Wed, 02 Jul 2008 00:00:00 GMT xperthr/casereps/article86736mayorandburgessesofthelondonboroughoflewishamvmalcolm2008ukhl43hlaspx/mayorandburgessesofthelondonboroughoflewishamvmalcolm2008ukhl43hl The Employment Appeal Tribunal (EAT) has held that tips and service charges distributed by troncmasters did not count towards the national minimum wage. http://www.xperthr.co.uk/article/86506/commissioners-for-her-majestys-revenue-and-customs-v-annabels-(berkeley-square)-ltd-and-others-eat-0562-07.aspx Tue, 24 Jun 2008 00:00:00 GMT xperthr/casereps/article86506commissionersforhermajestysrevenueandcustomsvannabelsberkeleysquareltdandotherseat056207aspx/commissionersforhermajestysrevenueandcustomsvannabelsberkeleysquareltdandotherseat056207 The Employment Appeal Tribunal has held that an employment tribunal was correct to find that a service provision change was a relevant transfer under the Transfer of Undertakings (Protection of Employment) Regulations 2006, but it erred in apportioning liability on a percentage basis between the new providers. http://www.xperthr.co.uk/article/86401/kimberley-group-housing-ltd-v-hambley-and-others-angel-services-(uk)-ltd-v-hambley-and-others-eat-0488-07-+-eat-0489-07.aspx Fri, 20 Jun 2008 00:00:00 GMT xperthr/casereps/article86401kimberleygrouphousingltdvhambleyandothersangelservicesukltdvhambleyandotherseat048807eat048907aspx/kimberleygrouphousingltdvhambleyandothersangelservicesukltdvhambleyandotherseat048807eat048907 The Employment Appeal Tribunal has held that an employee who resigned after raising a grievance about a transfer, but agreed to work for the new employer for a limited period, had not validly objected to her transfer. http://www.xperthr.co.uk/article/86399/capita-health-solutions-v-british-broadcasting-corporation-and-another-eats-0034-07.aspx Mon, 23 Jun 2008 00:00:00 GMT xperthr/casereps/article86399capitahealthsolutionsvbritishbroadcastingcorporationandanothereats003407aspx/capitahealthsolutionsvbritishbroadcastingcorporationandanothereats003407 The Court of Session has agreed with the Employment Appeal Tribunal (EAT) that a case where the employment tribunal had held that equal pay claims could be brought even though the lists of comparators in the grievances were not the same as those in the tribunal applications, should be remitted back to the employment tribunal. The Court of Session confirmed that there should be a correlation between a grievance relied on and a claim submitted. http://www.xperthr.co.uk/article/86388/cannop-and-others-v-highland-council-2008-csih-38.aspx Wed, 18 Jun 2008 00:00:00 GMT xperthr/casereps/article86388cannopandothersvhighlandcouncil2008csih38aspx/cannopandothersvhighlandcouncil2008csih38 The Court of Appeal has upheld an Employment Appeal Tribunal (EAT) decision that an employee's claim for unfair dismissal and age discrimination should be stayed until the outcome of Heyday's challenge to the default retirement age. http://www.xperthr.co.uk/article/86324/johns-v-solent-sd-ltd-2008-all-er-(d)-158-(jun)-ca.aspx Tue, 17 Jun 2008 00:00:00 GMT xperthr/casereps/article86324johnsvsolentsdltd2008allerd158juncaaspx/johnsvsolentsdltd2008allerd158junca The Employment Appeal Tribunal has held that the act of making a written record can not in itself amount to a detriment under race discrimination legislation. http://www.xperthr.co.uk/article/86230/bayode-v-the-chief-constable-of-derbyshire-eat-0499-07.aspx Thu, 12 Jun 2008 00:00:00 GMT xperthr/casereps/article86230bayodevthechiefconstableofderbyshireeat049907aspx/bayodevthechiefconstableofderbyshireeat049907 The Employment Appeal Tribunal (EAT) has held that a previous EAT decision that a woman claiming equal pay could rely on her successor in the post as a comparator is incorrect. http://www.xperthr.co.uk/article/85913/walton-centre-for-neurology-+-neuro-surgery-nhs-trust-v-bewley-eat-0564-07.aspx Mon, 02 Jun 2008 00:00:00 GMT xperthr/casereps/article85913waltoncentreforneurologyneurosurgerynhstrustvbewleyeat056407aspx/waltoncentreforneurologyneurosurgerynhstrustvbewleyeat056407 The Employment Appeal Tribunal has held that, when deciding whether or not a redundant employee's refusal of an offer of suitable alternative employment is reasonable, an employment tribunal is entitled to take into account the degree of suitability of the new job. http://www.xperthr.co.uk/article/85908/commission-for-healthcare-audit-+-inspection-v-ward-eat-0579-07.aspx Thu, 29 May 2008 00:00:00 GMT xperthr/casereps/article85908commissionforhealthcareauditinspectionvwardeat057907aspx/commissionforhealthcareauditinspectionvwardeat057907 The Employment Appeal Tribunal has held that a tribunal erred in looking at the case from only the employee's perspective when deciding whether or not an adjustment is reasonable under the Disability Discrimination Act 1995. http://www.xperthr.co.uk/article/85735/chief-constable-of-lincolnshire-police-v-weaver-eat-0622-07.aspx Wed, 21 May 2008 00:00:00 GMT xperthr/casereps/article85735chiefconstableoflincolnshirepolicevweavereat062207aspx/chiefconstableoflincolnshirepolicevweavereat062207 The Employment Appeal Tribunal has held that a letter from an employee’s solicitors setting out the types of grievance that the employee has, without giving any specifics about the acts complained of, is not sufficient to satisfy step one of the modified grievance procedure. http://www.xperthr.co.uk/article/85734/clyde-valley-housing-association-ltd-v-macaulay-eats-0045-07.aspx Wed, 21 May 2008 00:00:00 GMT xperthr/casereps/article85734clydevalleyhousingassociationltdvmacaulayeats004507aspx/clydevalleyhousingassociationltdvmacaulayeats004507 The Employment Appeal Tribunal (EAT) has upheld an employment tribunal decision that the modified statutory grievance procedure applied, and as the employee had failed to identify the basis of her claim in the step-one letter she had failed to comply with the procedure. http://www.xperthr.co.uk/article/85601/riley-v-first-choice-homes-oldham-ltd-eat-0051-08.aspx Thu, 15 May 2008 00:00:00 GMT xperthr/casereps/article85601rileyvfirstchoicehomesoldhamltdeat005108aspx/rileyvfirstchoicehomesoldhamltdeat005108 The Court of Appeal has agreed with the Employment Appeal Tribunal (EAT) that the reverse burden of proof does not apply in race victimisation cases. http://www.xperthr.co.uk/article/85510/oyarce-v-cheshire-county-council-2008-ewca-civ-434-ca.aspx Tue, 13 May 2008 00:00:00 GMT xperthr/casereps/article85510oyarcevcheshirecountycouncil2008ewcaciv434caaspx/oyarcevcheshirecountycouncil2008ewcaciv434ca The Court of Appeal has held that where an employee failed to appeal against her dismissal for redundancy, but then sought to raise a grievance, she reasonably believed that a dismissal or disciplinary procedure was ongoing when the original time limit for bringing a tribunal claim expired. The time limit was therefore extended by three months. http://www.xperthr.co.uk/article/85432/towergate-london-market-ltd-v-harris-2008-ewca-civ-433-ca.aspx Fri, 09 May 2008 00:00:00 GMT xperthr/casereps/article85432towergatelondonmarketltdvharris2008ewcaciv433caaspx/towergatelondonmarketltdvharris2008ewcaciv433ca The Court of Appeal has overturned an Employment Appeal Tribunal (EAT) decision approving a tribunal ruling that an employment agency had entered into contracts of employment with workers. http://www.xperthr.co.uk/article/85430/consistent-group-ltd-v-kalwak-and-others-2008-ewca-civ-430-ca.aspx Mon, 12 May 2008 00:00:00 GMT xperthr/casereps/article85430consistentgroupltdvkalwakandothers2008ewcaciv430caaspx/consistentgroupltdvkalwakandothers2008ewcaciv430ca The House of Lords has held that it was unlawful for the Department of Health to issue guidance to NHS employers that doctors from outside the European Economic Area (EEA) should be appointed to training posts only if there were no suitable candidates from within the EEA to fill them. http://www.xperthr.co.uk/article/85428/r-(on-the-application-of-bapio-action-ltd-and-another)-v-secretary-of-state-for-the-home-department-and-another-2008-ukhl-27-hl.aspx Mon, 12 May 2008 00:00:00 GMT xperthr/casereps/article85428rontheapplicationofbapioactionltdandanothervsecretaryofstateforthehomedepartmentandanother2008ukhl27hlaspx/rontheapplicationofbapioactionltdandanothervsecretaryofstateforthehomedepartmentandanother2008ukhl27hl The Court of Appeal has confirmed that, in order for a contract to be tainted by illegality, there must be some form of misrepresentation by the parties. http://www.xperthr.co.uk/article/85300/enfield-technical-services-ltd-v-payne-bf-components-ltd-v-grace-2008-ewca-civ-393-ca.aspx Wed, 30 Apr 2008 00:00:00 GMT xperthr/casereps/article85300enfieldtechnicalservicesltdvpaynebfcomponentsltdvgrace2008ewcaciv393caaspx/enfieldtechnicalservicesltdvpaynebfcomponentsltdvgrace2008ewcaciv393ca The Court of Appeal has considered the burden of proof in whistleblowing claims. http://www.xperthr.co.uk/article/85142/kuzel-v-roche-products-ltd-2008-ewca-civ-380-ca.aspx Fri, 25 Apr 2008 00:00:00 GMT xperthr/casereps/article85142kuzelvrocheproductsltd2008ewcaciv380caaspx/kuzelvrocheproductsltd2008ewcaciv380ca The Employment Appeal Tribunal (EAT) has held that the requirement to assess the safety risks to a pregnant employee is met by recording the risks then passing on the findings of the assessment orally to the employee. http://www.xperthr.co.uk/article/84977/stevenson-v-jm-skinner-+-co-eat-0584-07.aspx Thu, 17 Apr 2008 00:00:00 GMT xperthr/casereps/article84977stevensonvjmskinnercoeat058407aspx/stevensonvjmskinnercoeat058407 The Employment Appeal Tribunal has considered the application of the statutory grievance procedure when a collective grievance is submitted by union representatives. http://www.xperthr.co.uk/article/84352/alitalia-airport-spa-v-akrif-and-others-eat-0546-07.aspx Thu, 27 Mar 2008 00:00:00 GMT xperthr/casereps/article84352alitaliaairportspavakrifandotherseat054607aspx/alitaliaairportspavakrifandotherseat054607 The Advocate General has said that an employer's public statement of a discriminatory recruitment policy is direct discrimination contrary to the Race Directive (2000/43/EC). http://www.xperthr.co.uk/article/84177/centrum-voor-gelijkheid-van-kansen-en-voor-racismebestrijding-v-firma-feryn-nv.aspx Thu, 20 Mar 2008 00:00:00 GMT xperthr/casereps/article84177centrumvoorgelijkheidvankansenenvoorracismebestrijdingvfirmaferynnvaspx/centrumvoorgelijkheidvankansenenvoorracismebestrijdingvfirmaferynnv The Employment Appeal Tribunal has set out a reminder that a failure to respond to an employee's statutory discrimination questionnaire does not, without more, automatically give rise to an inference of discrimination. http://www.xperthr.co.uk/article/84022/dr-c-dsilva-v-natfhe-(now-known-as-university-and-college-union)-+-others-eat-0384-07.aspx Thu, 13 Mar 2008 00:00:00 GMT xperthr/casereps/article84022drcdsilvavnatfhenowknownasuniversityandcollegeunionotherseat038407aspx/drcdsilvavnatfhenowknownasuniversityandcollegeunionotherseat038407 The Employment Appeal Tribunal (EAT) has held that, for a claim under the part-time workers regulations to succeed, it is not necessary for part-time status to be the only reason for the less favourable treatment. http://www.xperthr.co.uk/article/83843/sharma-and-others-v-manchester-city-council-eat-0561-07.aspx Wed, 05 Mar 2008 00:00:00 GMT xperthr/casereps/article83843sharmaandothersvmanchestercitycouncileat056107aspx/sharmaandothersvmanchestercitycouncileat056107 The House of Lords has held that an employer was liable for the subsequent suicide of an employee who had had a serious accident at work six years earlier that was the result of a breach of its duty of care. http://www.xperthr.co.uk/article/83808/corr-(administratix-of-the-estate-of-thomas-corr-(deceased))-v-ibc-vehicles-ltd-2008-ukhl-13-hl.aspx Tue, 04 Mar 2008 00:00:00 GMT xperthr/casereps/article83808corradministratixoftheestateofthomascorrdeceasedvibcvehiclesltd2008ukhl13hlaspx/corradministratixoftheestateofthomascorrdeceasedvibcvehiclesltd2008ukhl13hl The European Court of Justice has held that the Pregnant Workers Directive (92/85/EC) does not protect a woman undergoing in vitro fertilisation (IVF) treatment who is dismissed when she has had her ova fertilised but not yet implanted. http://www.xperthr.co.uk/article/83677/mayr-v-bckerei-und-konditorei-gerhard-flckner-ohg-case-c-506-06-ecj.aspx Wed, 27 Feb 2008 00:00:00 GMT xperthr/casereps/article83677mayrvbckereiundkonditoreigerhardflcknerohgcasec50606ecjaspx/mayrvbäckereiundkonditoreigerhardflöcknerohgcasec50606ecj The Employment Appeal Tribunal (EAT) has held that the Employment Equality (Sexual Orientation) Regulations 2003 do not cover homophobic banter against a man who is not gay and who is not perceived to be gay by those who made the remarks. http://www.xperthr.co.uk/article/83486/english-v-thomas-sanderson-blinds-ltd-eat-0556-07.aspx Fri, 22 Feb 2008 00:00:00 GMT xperthr/casereps/article83486englishvthomassandersonblindsltdeat055607aspx/englishvthomassandersonblindsltdeat055607 The Employment Appeal Tribunal has held that the reverse burden of proof does not apply to claims of discrimination on the grounds of colour or nationality under race discrimination legislation. http://www.xperthr.co.uk/article/83300/okonu-v-g4s-security-services-(uk)-ltd-eat-0035-07.aspx Fri, 15 Feb 2008 00:00:00 GMT xperthr/casereps/article83300okonuvg4ssecurityservicesukltdeat003507aspx/okonuvg4ssecurityservicesukltdeat003507 The Court of Appeal has held that an employee who was constructively dismissed could not claim compensation in an employment tribunal for breaches that led to the dismissal. http://www.xperthr.co.uk/article/83261/gab-robins-(uk)-ltd-v-triggs-2008-ewca-civ-17-ca.aspx Wed, 13 Feb 2008 00:00:00 GMT xperthr/casereps/article83261gabrobinsukltdvtriggs2008ewcaciv17caaspx/gabrobinsukltdvtriggs2008ewcaciv17ca The Court of Appeal has overturned an Employment Appeal Tribunal (EAT) finding that, when an employer is determining whether or not to dismiss an employee, it can never take into account an expired warning. http://www.xperthr.co.uk/article/83100/airbus-uk-ltd-v-webb-2008-ewca-civ-49-ca.aspx Fri, 08 Feb 2008 00:00:00 GMT xperthr/casereps/article83100airbusukltdvwebb2008ewcaciv49caaspx/airbusukltdvwebb2008ewcaciv49ca The Employment Appeal Tribunal (EAT) has held that, in the circumstances of the case, an employment tribunal should have considered race and disability discrimination separately when making an award for injury to feelings. http://www.xperthr.co.uk/article/83022/al-jumard-v-clywd-leisure-ltd-and-others-eat-0334-07.aspx Wed, 06 Feb 2008 00:00:00 GMT xperthr/casereps/article83022aljumardvclywdleisureltdandotherseat033407aspx/aljumardvclywdleisureltdandotherseat033407 The Court of Appeal has held that employment tribunals should imply a contract of employment between an agency worker and an end user only on the grounds of necessity. http://www.xperthr.co.uk/article/83012/james-v-london-borough-of-greenwich-2008-ewca-civ-35-ca.aspx Wed, 06 Feb 2008 00:00:00 GMT xperthr/casereps/article83012jamesvlondonboroughofgreenwich2008ewcaciv35caaspx/jamesvlondonboroughofgreenwich2008ewcaciv35ca The Employment Appeal Tribunal has held that an employee who was sick during her ordinary maternity leave was not entitled to be paid contractual sick pay during that period. http://www.xperthr.co.uk/article/82994/department-for-work-and-pensions-v-sutcliffe-eat-0319-07.aspx Tue, 05 Feb 2008 00:00:00 GMT xperthr/casereps/article82994departmentforworkandpensionsvsutcliffeeat031907aspx/departmentforworkandpensionsvsutcliffeeat031907 The Advocate-General has said that the Framework Employment Directive (2000/78/EC) does cover direct discrimination and harassment against an employee on the ground of his or her association with a disabled person. http://www.xperthr.co.uk/article/82861/coleman-v-attridge-law-and-another.aspx Fri, 01 Feb 2008 00:00:00 GMT xperthr/casereps/article82861colemanvattridgelawandanotheraspx/colemanvattridgelawandanother The Employment Appeal Tribunal (EAT) has held that, in the circumstances of the case, the issue of disparate treatment did not arise when an employee was dismissed but another was not disciplined. http://www.xperthr.co.uk/article/82792/epstein-v-royal-borough-of-windsor-and-maidenhead-eat-0250-07.aspx Tue, 29 Jan 2008 00:00:00 GMT xperthr/casereps/article82792epsteinvroyalboroughofwindsorandmaidenheadeat025007aspx/epsteinvroyalboroughofwindsorandmaidenheadeat025007 The Advocate-General has said that workers who are on long-term sick leave should continue to accrue statutory annual leave, but that they should not be able to take this paid leave during the period of the sick leave. http://www.xperthr.co.uk/article/82657/hm-revenue-and-customs-v-stringer-and-others.aspx Fri, 25 Jan 2008 00:00:00 GMT xperthr/casereps/article82657hmrevenueandcustomsvstringerandothersaspx/hmrevenueandcustomsvstringerandothers The Employment Appeal Tribunal (EAT) has held that for a long-term ill health dismissal to be fair the employer should first consider its ill health retirement scheme, where applicable. http://www.xperthr.co.uk/article/82550/first-west-yorkshire-ltd-t-a-first-leeds-v-haigh-eat-0246-07.aspx Mon, 21 Jan 2008 00:00:00 GMT xperthr/casereps/article82550firstwestyorkshireltdtafirstleedsvhaigheat024607aspx/firstwestyorkshireltdtafirstleedsvhaigheat024607 The Court of Appeal has held that, in determining whether or not a condition is likely to recur for the purposes of determining if it is long term, employment tribunals must limit their assessment to the claimant's condition at the time of the alleged act of discrimination and not take account of matters occurring between the act of discrimination and the tribunal hearing. http://www.xperthr.co.uk/article/82498/richmond-adult-community-college-v-mcdougall-2008-ewca-civ-4-ca.aspx Wed, 23 Jan 2008 00:00:00 GMT xperthr/casereps/article82498richmondadultcommunitycollegevmcdougall2008ewcaciv4caaspx/richmondadultcommunitycollegevmcdougall2008ewcaciv4ca The Employment Appeal Tribunal has held that equal pay claimants had not complied with step one of the statutory grievance procedure when the comparators specified in their grievances were substantially different from those in their tribunal claim. http://www.xperthr.co.uk/article/82388/highland-council-v-tgwu-unison-and-others-eats-0020-07.aspx Tue, 15 Jan 2008 00:00:00 GMT xperthr/casereps/article82388highlandcouncilvtgwuunisonandotherseats002007aspx/highlandcouncilvtgwuunisonandotherseats002007 The Employment Appeal Tribunal has held that the duty to make reasonable adjustments for the disabled does not require employers to dilute the standards that have to be met before an individual can do a job. http://www.xperthr.co.uk/article/82387/hart-v-chief-constable-of-derbyshire-constabulary-eat-0403-07.aspx Tue, 15 Jan 2008 00:00:00 GMT xperthr/casereps/article82387hartvchiefconstableofderbyshireconstabularyeat040307aspx/hartvchiefconstableofderbyshireconstabularyeat040307 The Employment Appeal Tribunal (EAT) has held that, in the circumstances of the case, when an employer's failure to consider a request to work part time amounted to direct and indirect sex discrimination, this also amounted to an unfair constructive dismissal. http://www.xperthr.co.uk/article/82327/shaw-v-ccl-ltd-eat-0512-06.aspx Mon, 14 Jan 2008 00:00:00 GMT xperthr/casereps/article82327shawvcclltdeat051206aspx/shawvcclltdeat051206 A Christian Justice of the Peace is appealing against the Employment Appeal Tribunal's rejection of his claim for religion or belief discrimination. http://www.xperthr.co.uk/article/82285/mcclintock-v-department-of-constitutional-affairs.aspx Thu, 10 Jan 2008 00:00:00 GMT xperthr/casereps/article82285mcclintockvdepartmentofconstitutionalaffairsaspx/mcclintockvdepartmentofconstitutionalaffairs The Employment Appeal Tribunal has held that an employment tribunal erred in its approach to justification in an equal pay claim. http://www.xperthr.co.uk/article/82284/chief-constable-of-west-midlands-police-v-blackburn-and-another-eat-0007-07.aspx Thu, 10 Jan 2008 00:00:00 GMT xperthr/casereps/article82284chiefconstableofwestmidlandspolicevblackburnandanothereat000707aspx/chiefconstableofwestmidlandspolicevblackburnandanothereat000707 The European Court of Justice (ECJ) has held that industrial action by a trade union in Sweden to prevent a Latvian company from paying low wages to workers posted from Latvia could not be justified. http://www.xperthr.co.uk/article/82105/laval-un-partneri-ltd-v-svenska-byggnadsarbetarefrbundet-case-c-341-05-ecj.aspx Thu, 03 Jan 2008 00:00:00 GMT xperthr/casereps/article82105lavalunpartneriltdvsvenskabyggnadsarbetarefrbundetcasec34105ecjaspx/lavalunpartneriltdvsvenskabyggnadsarbetareförbundetcasec34105ecj The Employment Appeal Tribunal (EAT) has held that the Transfer of Undertakings (Protection of Employment) Regulations 2006 can apply where a business is transferred from the United Kingdom to a company outside the European Union. http://www.xperthr.co.uk/article/82104/holis-metal-industries-ltd-v-gmb-and-another-eat-0171-07.aspx Thu, 03 Jan 2008 00:00:00 GMT xperthr/casereps/article82104holismetalindustriesltdvgmbandanothereat017107aspx/holismetalindustriesltdvgmbandanothereat017107 The Employment Appeal Tribunal (EAT) has held that the modified dismissal procedure did not apply where the employee was dismissed the day after the alleged misconduct. http://www.xperthr.co.uk/article/81926/oneil-v-wooldridge-ecotech-ltd-eat-0282-07.aspx Tue, 18 Dec 2007 00:00:00 GMT xperthr/casereps/article81926oneilvwooldridgeecotechltdeat028207aspx/oneilvwooldridgeecotechltdeat028207 The European Court of Justice (ECJ) has held that the right to take industrial action can override the free movement of services in some circumstances, for example when the action is necessary to counter a serious threat to jobs or working conditions. http://www.xperthr.co.uk/article/81825/international-transport-workers-federation-and-another-v-viking-line-abp-and-another-case-c-438-05-ecj.aspx Fri, 14 Dec 2007 00:00:00 GMT xperthr/casereps/article81825internationaltransportworkersfederationandanothervvikinglineabpandanothercasec43805ecjaspx/internationaltransportworkersfederationandanothervvikinglineabpandanothercasec43805ecj The Court of Appeal is to consider the Employment Appeal Tribunal's decision that an employee was fairly dismissed in circumstances where other employees had not been dismissed for the same disciplinary offence in the past. http://www.xperthr.co.uk/article/81824/levenes-solicitors-v-dalley.aspx Fri, 14 Dec 2007 00:00:00 GMT xperthr/casereps/article81824levenessolicitorsvdalleyaspx/levenessolicitorsvdalley The House of Lords is to give its judgment in this case. It is an appeal against the Court of Appeal's ruling that the widow of a man who committed suicide when severely depressed as a result of injuries sustained in a workplace accident was entitled to recover damages under the Fatal Accidents Act 1976. http://www.xperthr.co.uk/article/81823/corr-v-ibc-vehicles.aspx Fri, 14 Dec 2007 00:00:00 GMT xperthr/casereps/article81823corrvibcvehiclesaspx/corrvibcvehicles A Court of Appeal decision is expected. The Employment Appeal Tribunal had held that, in the context of a constructive dismissal claim, the question that should be asked is whether the employer's actions during the grievance procedure fell within the range of reasonable responses. http://www.xperthr.co.uk/article/81822/fairbrother-v-abbey-plc.aspx Fri, 14 Dec 2007 00:00:00 GMT xperthr/casereps/article81822fairbrothervabbeyplcaspx/fairbrothervabbeyplc The Employment Appeal Tribunal (EAT) has held that, in determining whether a condition is likely to recur for the purposes of determining if it is long term, it is relevant to consider matters occurring up to the date of the hearing, not just the claimant's condition at the time the tort was committed. The Court of Appeal is to rule on the correctness of the EAT ruling. http://www.xperthr.co.uk/article/81821/mcdougall-v-richmond-adult-community-college.aspx Fri, 14 Dec 2007 00:00:00 GMT xperthr/casereps/article81821mcdougallvrichmondadultcommunitycollegeaspx/mcdougallvrichmondadultcommunitycollege The High Court has held that an employer could deduct only 1/260th of salary from employees' pay in respect of a one-day strike, and not 1/228th, which discounted paid holiday. http://www.xperthr.co.uk/article/81775/cooper-and-others-v-isle-of-wight-college-2007-ewhc-2831-hc.aspx Wed, 12 Dec 2007 00:00:00 GMT xperthr/casereps/article81775cooperandothersvisleofwightcollege2007ewhc2831hcaspx/cooperandothersvisleofwightcollege2007ewhc2831hc The Employment Appeal Tribunal has held that an employment tribunal was wrong not to stay an employee's claim for unfair dismissal and age discrimination until the outcome of Heyday's challenge to the default retirement age. http://www.xperthr.co.uk/article/81677/johns-v-solent-sd-ltd-eat-0449-07.aspx Tue, 11 Dec 2007 00:00:00 GMT xperthr/casereps/article81677johnsvsolentsdltdeat044907aspx/johnsvsolentsdltdeat044907 The Employment Appeal Tribunal has held that an employment tribunal should have considered whether or not an employer had breached the implied duty of trust and confidence by not informing an employee of a pension benefit to which she was entitled. http://www.xperthr.co.uk/article/81675/dombey-v-university-of-brighton-eat-0172-07.aspx Mon, 10 Dec 2007 00:00:00 GMT xperthr/casereps/article81675dombeyvuniversityofbrightoneat017207aspx/dombeyvuniversityofbrightoneat017207 The Employment Appeal Tribunal (EAT) has held that, in unfair dismissal cases, employment tribunals should consider the applicability of, and compliance with, the statutory dismissal and disciplinary procedures. http://www.xperthr.co.uk/article/81563/venniri-v-autodex-ltd-eat-0436-07.aspx Tue, 04 Dec 2007 00:00:00 GMT xperthr/casereps/article81563vennirivautodexltdeat043607aspx/vennirivautodexltdeat043607 The President of Employment Tribunals has ruled that all tribunal cases about the employment status of agency workers should be stayed pending the outcome of the Court of Appeal decision in James v London Borough of Greenwich. http://www.xperthr.co.uk/article/81488/agency-workers-cases-stayed-pending-court-of-appeal-ruling.aspx Mon, 03 Dec 2007 00:00:00 GMT xperthr/casereps/article81488agencyworkerscasesstayedpendingcourtofappealrulingaspx/agencyworkerscasesstayedpendingcourtofappealruling The Employment Appeal Tribunal (EAT) has held that a trainee in the second year of a learning agreement was entitled to the national minimum wage (NMW). http://www.xperthr.co.uk/article/81339/her-majestys-commissioners-for-revenue-+-customs-v-rinaldi-tranter-eat-0486-06.aspx Tue, 27 Nov 2007 00:00:00 GMT xperthr/casereps/article81339hermajestyscommissionersforrevenuecustomsvrinalditrantereat048606aspx/hermajestyscommissionersforrevenuecustomsvrinalditrantereat048606 The Court of Appeal is hearing this appeal on 13 December 2007. In this case, the Employment Appeal Tribunal held that the reverse burden of proof does not apply to claims of victimisation under the race discrimination legislation. http://www.xperthr.co.uk/article/81273/oyarce-v-cheshire-county-council.aspx Fri, 23 Nov 2007 00:00:00 GMT xperthr/casereps/article81273oyarcevcheshirecountycouncilaspx/oyarcevcheshirecountycouncil In this employment tribunal decision, it was held that changes to a law firm's pension scheme that discriminated on the grounds of age were justified. The claimant, Mr Bloxham, has decided not to appeal against the tribunal's decision. http://www.xperthr.co.uk/article/81272/bloxham-v-freshfields-bruckhaus-deringer.aspx Fri, 23 Nov 2007 00:00:00 GMT xperthr/casereps/article81272bloxhamvfreshfieldsbruckhausderingeraspx/bloxhamvfreshfieldsbruckhausderinger The Court of Appeal has held that an employee could rely on a variation to his contract of employment that raised his retirement age to 65 and occurred as a result of a transfer. http://www.xperthr.co.uk/article/81262/regent-security-services-ltd-v-power-2007-ewca-civ-1188-ca.aspx Fri, 30 Nov 2007 00:00:00 GMT xperthr/casereps/article81262regentsecurityservicesltdvpower2007ewcaciv1188caaspx/regentsecurityservicesltdvpower2007ewcaciv1188ca The High Court has held that an employee's resignation two days after he had been informed that he was being transferred was a valid objection to the transfer. http://www.xperthr.co.uk/article/81260/new-isg-ltd-v-vernon-and-others-2007-ewhc-2665-hc.aspx Fri, 30 Nov 2007 00:00:00 GMT xperthr/casereps/article81260newisgltdvvernonandothers2007ewhc2665hcaspx/newisgltdvvernonandothers2007ewhc2665hc The Court of Appeal has held that, on the closure of a workplace, an employer was entitled to invoke a mobility clause, rather than follow the redundancy procedure. http://www.xperthr.co.uk/article/81187/home-office-v-evans-and-laidlaw-2007-ewca-civ-1089-ca.aspx Wed, 21 Nov 2007 00:00:00 GMT xperthr/casereps/article81187homeofficevevansandlaidlaw2007ewcaciv1089caaspx/homeofficevevansandlaidlaw2007ewcaciv1089ca The President of Employment Tribunals has directed that all claims of age discrimination relating to default retirement under the Employment Equality (Age) Regulations 2006, regulation 30 are to be stayed until the outcome of Heyday's challenge to the European Court of Justice (ECJ). http://www.xperthr.co.uk/article/81133/retirement-claims-stayed-pending-outcome-of-heyday-challenge.aspx Mon, 19 Nov 2007 00:00:00 GMT xperthr/casereps/article81133retirementclaimsstayedpendingoutcomeofheydaychallengeaspx/retirementclaimsstayedpendingoutcomeofheydaychallenge The High Court has held that, in order to succeed in a claim under the Protection from Harassment Act 1997, an employee must show that there was 'an element of real seriousness' to the harassment. http://www.xperthr.co.uk/article/81131/hammond-v-international-network-services-uk-ltd-2007-ewhc-2604-hc.aspx Mon, 19 Nov 2007 00:00:00 GMT xperthr/casereps/article81131hammondvinternationalnetworkservicesukltd2007ewhc2604hcaspx/hammondvinternationalnetworkservicesukltd2007ewhc2604hc The Court of Appeal has held that TUPE did not give an employee contractual rights additional to those to which she was entitled prior to the transfer. http://www.xperthr.co.uk/article/81094/jackson-v-computershare-investor-services-plc-2007-ewca-civ-1065-ca.aspx Wed, 14 Nov 2007 00:00:00 GMT xperthr/casereps/article81094jacksonvcomputershareinvestorservicesplc2007ewcaciv1065caaspx/jacksonvcomputershareinvestorservicesplc2007ewcaciv1065ca The Court of Appeal has held that a mistaken belief that an employee was being illegally employed could be a potentially fair reason for dismissal. http://www.xperthr.co.uk/article/81060/klusova-v-london-borough-of-hounslow-2007-ewca-civ-1127-ca.aspx Wed, 14 Nov 2007 00:00:00 GMT xperthr/casereps/article81060klusovavlondonboroughofhounslow2007ewcaciv1127caaspx/klusovavlondonboroughofhounslow2007ewcaciv1127ca The Court of Appeal has held that, in assessing whether or not there is a difference in pay that disadvantages women, there is no requirement to focus only on the advantaged group. http://www.xperthr.co.uk/article/81058/grundy-v-british-airways-plc-2007-ewca-civ-1020-ca.aspx Tue, 13 Nov 2007 00:00:00 GMT xperthr/casereps/article81058grundyvbritishairwaysplc2007ewcaciv1020caaspx/grundyvbritishairwaysplc2007ewcaciv1020ca The Employment Appeal Tribunal (EAT) has held that a letter inviting the employee to a disciplinary hearing did not need to state that dismissal was a possible outcome. Also, information about the basis for the allegations did not need to be given after the step one letter, it could be given before. http://www.xperthr.co.uk/article/80994/homeserve-emergency-services-ltd-v-dixon-eat-0127-07.aspx Wed, 07 Nov 2007 00:00:00 GMT xperthr/casereps/article80994homeserveemergencyservicesltdvdixoneat012707aspx/homeserveemergencyservicesltdvdixoneat012707 The Employment Appeal Tribunal (EAT) has upheld an employment tribunal's finding that a requirement to have tidy hair did not indirectly discriminate against a Rastafarian who wore his hair in dreadlocks. http://www.xperthr.co.uk/article/80813/harris-v-nkl-automotive-ltd-and-matrix-consultancy-uk-ltd-eat-0134-07.aspx Mon, 29 Oct 2007 00:00:00 GMT xperthr/casereps/article80813harrisvnklautomotiveltdandmatrixconsultancyukltdeat013407aspx/harrisvnklautomotiveltdandmatrixconsultancyukltdeat013407 The Employment Appeal Tribunal (EAT) has held that an employer was obliged to consult with appropriate representatives about the reasons for the closure of the workplace, which was the reason for the redundancies. http://www.xperthr.co.uk/article/80742/uk-coal-mining-ltd-v-(1)-national-union-of-mineworkers-(northumberland-area)-(2)-the-british-association-of-colliery-management-ea.aspx xperthr/casereps/article80742ukcoalminingltdv1nationalunionofmineworkersnorthumberlandarea2thebritishassociationofcollierymanagementeaaspx/ukcoalminingltdv1nationalunionofmineworkersnorthumberlandarea2thebritishassociationofcollierymanagementeat039706eat014107 The European Court of Justice has given its judgment that the Equal Treatment Directive (2000/78/EC) does not preclude a Spanish law permitting clauses in collective agreements that allow employees to be compulsorily retired when they reach a specified age. http://www.xperthr.co.uk/article/80573/flix-palacios-de-la-villa-v-cortefiel-servicios-sa-case-c-411-05.aspx Wed, 17 Oct 2007 00:00:00 GMT xperthr/casereps/article80573flixpalaciosdelavillavcortefielserviciossacasec41105aspx/félixpalaciosdelavillavcortefielserviciossacasec41105 The Employment Appeal Tribunal (EAT) has held that an employment tribunal had not explained its reasoning when deciding that an employer had failed to make reasonable adjustments with regard to a disabled employee. The employer was not required to pay full pay to the employee when contractual sick pay expired. http://www.xperthr.co.uk/article/80554/e-a-gibson-shipbrokers-ltd-v-staples-eat-0263-07.aspx Tue, 16 Oct 2007 00:00:00 GMT xperthr/casereps/article80554eagibsonshipbrokersltdvstapleseat026307aspx/eagibsonshipbrokersltdvstapleseat026307 An employment tribunal has held that changes to a law firm's pension scheme that discriminated on the grounds of age were justified. http://www.xperthr.co.uk/article/80443/bloxham-v-freshfields-bruckhaus-deringer-2007-et-2205086-06.aspx Mon, 15 Oct 2007 00:00:00 GMT xperthr/casereps/article80443bloxhamvfreshfieldsbruckhausderinger2007et220508606aspx/bloxhamvfreshfieldsbruckhausderinger2007et220508606 The Employment Appeal Tribunal (EAT) has held that it was not necessary for the employer to get a statement from an anonymous informant, or obtain a consultant's report when an occupational health adviser was consulted about a dismissal for dishonestly reporting off sick. http://www.xperthr.co.uk/article/80374/corus-uk-ltd-v-mainwaring-eat-0053-07.aspx Wed, 10 Oct 2007 00:00:00 GMT xperthr/casereps/article80374corusukltdvmainwaringeat005307aspx/corusukltdvmainwaringeat005307 On 9 October 2007, the European Court of Justice (ECJ) heard a reference on whether or not the Framework Employment Directive covers discrimination against an employee on the ground of his or her association with a disabled person. http://www.xperthr.co.uk/article/80338/attridge-law-and-another-v-coleman.aspx Tue, 09 Oct 2007 00:00:00 GMT xperthr/casereps/article80338attridgelawandanothervcolemanaspx/attridgelawandanothervcoleman The Court of Appeal has confirmed that, in a case where a woman is claiming that she does work rated as equivalent, she can use a male comparator who is on a lower grade who is paid more. http://www.xperthr.co.uk/article/80005/redcar-and-cleveland-borough-council-v-bainbridge-and-others-2007-ewca-civ-910-ca.aspx Mon, 01 Oct 2007 00:00:00 GMT xperthr/casereps/article80005redcarandclevelandboroughcouncilvbainbridgeandothers2007ewcaciv910caaspx/redcarandclevelandboroughcouncilvbainbridgeandothers2007ewcaciv910ca The Employment Appeal Tribunal (EAT) has held that there is not a common definition of worker in European law. Therefore a part-time tribunal chair who was paid a daily fee could not claim that he was covered by the part-time workers regulations. http://www.xperthr.co.uk/article/79671/christie-v-(1)-department-for-constitutional-affairs-(2)-department-for-work-and-pensions-eat-0140-07.aspx Mon, 17 Sep 2007 00:00:00 GMT xperthr/casereps/article79671christiev1departmentforconstitutionalaffairs2departmentforworkandpensionseat014007aspx/christiev1departmentforconstitutionalaffairs2departmentforworkandpensionseat014007 The Employment Appeal Tribunal has considered when a contract of employment can be implied between an agency worker and an end user. http://www.xperthr.co.uk/article/79508/wood-group-engineering-(north-sea)-ltd-v-robertson-eats-0081-06.aspx Fri, 14 Sep 2007 00:00:00 GMT xperthr/casereps/article79508woodgroupengineeringnorthsealtdvrobertsoneats008106aspx/woodgroupengineeringnorthsealtdvrobertsoneats008106 The Court of Appeal has increased the compensation awarded by the Employment Appeal Tribunal in a case where a trade union unjustifiably disciplined one of its members. http://www.xperthr.co.uk/article/79409/massey-v-unifi-2007-ewca-civ-800-ca.aspx Fri, 07 Sep 2007 00:00:00 GMT xperthr/casereps/article79409masseyvunifi2007ewcaciv800caaspx/masseyvunifi2007ewcaciv800ca The Employment Appeal Tribunal has considered the uplift in the compensation that employment tribunals can award where an employer had failed to follow the statutory disciplinary and dismissal procedure. http://www.xperthr.co.uk/article/79201/cex-ltd-v-lewis-eat-0013-07.aspx Fri, 31 Aug 2007 00:00:00 GMT xperthr/casereps/article79201cexltdvlewiseat001307aspx/cexltdvlewiseat001307 The Employment Appeal Tribunal has held that an employment tribunal erred in its approach to deciding whether or not an employer's failure to extend a disabled employee's phased return to work was a breach of the duty to make reasonable adjustments. http://www.xperthr.co.uk/article/79109/romec-ltd-v-rudham-eat-0069-07.aspx Thu, 23 Aug 2007 00:00:00 GMT xperthr/casereps/article79109romecltdvrudhameat006907aspx/romecltdvrudhameat006907 The Employment Appeal Tribunal has held that, in determining whether a condition is likely to recur for the purposes of determining if it is long term, it is relevant to consider matters occurring up to the date of the hearing, not just the claimant's condition at the time the tort was committed. http://www.xperthr.co.uk/article/79108/mcdougall-v-richmond-adult-community-college-eat-0589-06.aspx Thu, 23 Aug 2007 00:00:00 GMT xperthr/casereps/article79108mcdougallvrichmondadultcommunitycollegeeat058906aspx/mcdougallvrichmondadultcommunitycollegeeat058906 The Court of Appeal has confirmed that a capability dismissal following long-term stress-related sickness absence brought on by the employer's actions can be fair. http://www.xperthr.co.uk/article/78864/mcadie-v-royal-bank-of-scotland-2007-ewca-civ-806-ca.aspx Tue, 14 Aug 2007 00:00:00 GMT xperthr/casereps/article78864mcadievroyalbankofscotland2007ewcaciv806caaspx/mcadievroyalbankofscotland2007ewcaciv806ca The Court of Appeal has held that an employer was not liable for personal injury caused to an employee by its failure to deal correctly with an allegation of harassment against him. http://www.xperthr.co.uk/article/78862/deadman-v-bristol-city-council-2007-ewca-civ-822-ca.aspx Wed, 15 Aug 2007 00:00:00 GMT xperthr/casereps/article78862deadmanvbristolcitycouncil2007ewcaciv822caaspx/deadmanvbristolcitycouncil2007ewcaciv822ca The High Court has finalised the questions to be referred to the European Court of Justice in Heyday's legal challenge to the default retirement age introduced by the Employment Equality (Age) Regulations 2006. http://www.xperthr.co.uk/article/78771/heydays-legal-challenge-to-default-retirement-age.aspx Wed, 08 Aug 2007 00:00:00 GMT xperthr/casereps/article78771heydayslegalchallengetodefaultretirementageaspx/heydayslegalchallengetodefaultretirementage The Employment Appeal Tribunal has held that equal pay claims by Unison staff in relation to their exclusion from an occupational pension scheme were out of time. http://www.xperthr.co.uk/article/78730/unison-v-allen-and-others-eat-0056-07.aspx Wed, 08 Aug 2007 00:00:00 GMT xperthr/casereps/article78730unisonvallenandotherseat005607aspx/unisonvallenandotherseat005607 The Court of Appeal has overturned a decision awarding £814,877 to a surgeon who claimed that the British Medical Association (BMA) had discriminated against him by failing to support his race discrimination claims against regulatory medical bodies. http://www.xperthr.co.uk/article/78727/british-medical-association-v-chaudhary-2007-ewca-civ-788-ca.aspx Wed, 08 Aug 2007 00:00:00 GMT xperthr/casereps/article78727britishmedicalassociationvchaudhary2007ewcaciv788caaspx/britishmedicalassociationvchaudhary2007ewcaciv788ca The Employment Appeal Tribunal has overturned an employment tribunal decision that the GMB was liable for sex discrimination and victimisation in failing to pursue Middlesbrough Borough Council in connection with a long-running equal pay dispute. http://www.xperthr.co.uk/article/78557/gmb-v-allen-eat-0425-06.aspx Wed, 01 Aug 2007 00:00:00 GMT xperthr/casereps/article78557gmbvalleneat042506aspx/gmbvalleneat042506 The Employment Appeal Tribunal has held that a police officer who suffered from mild dyslexia and therefore needed extra time to complete promotion examinations was disabled. http://www.xperthr.co.uk/article/78462/paterson-v-commissioner-of-police-of-the-metropolis-eat-0635-06.aspx Tue, 31 Jul 2007 00:00:00 GMT xperthr/casereps/article78462patersonvcommissionerofpoliceofthemetropoliseat063506aspx/patersonvcommissionerofpoliceofthemetropoliseat063506 The Employment Appeal Tribunal has issued the first penalty to an employer for failing to comply with the Information and Consultation of Employee Regulations 2004. http://www.xperthr.co.uk/article/78460/amicus-v-macmillan-publishers-ltd-eat-0185-07.aspx Tue, 31 Jul 2007 00:00:00 GMT xperthr/casereps/article78460amicusvmacmillanpublishersltdeat018507aspx/amicusvmacmillanpublishersltdeat018507 An employment tribunal has denied a request that proceedings in an claim for unfair dismissal and age discrimination be stayed until the outcome of Heyday's challenge to the default retirement age. http://www.xperthr.co.uk/article/78405/johns-v-solent-sd-ltd-2007-et-00414-07.aspx Thu, 26 Jul 2007 00:00:00 GMT xperthr/casereps/article78405johnsvsolentsdltd2007et0041407aspx/johnsvsolentsdltd2007et0041407 The EAT has held that employees who volunteered for redundancy should be included when establishing the number of employees the employer was proposing to dismiss for redundancy for the purposes of the statutory consultation requirements. http://www.xperthr.co.uk/article/78354/optare-group-ltd-v-transport-and-general-workers-union-eat-0143-07.aspx Tue, 24 Jul 2007 00:00:00 GMT xperthr/casereps/article78354optaregroupltdvtransportandgeneralworkersunioneat014307aspx/optaregroupltdvtransportandgeneralworkersunioneat014307 The Employment Appeal Tribunal has held that the reverse burden of proof does not apply in race victimisation cases. http://www.xperthr.co.uk/article/78267/oyarce-v-cheshire-county-council-eat-0557-06.aspx Wed, 25 Jul 2007 00:00:00 GMT xperthr/casereps/article78267oyarcevcheshirecountycouncileat055706aspx/oyarcevcheshirecountycouncileat055706 The Court of Session has held that a pay in lieu of notice clause could not be implied into a contract of employment. http://www.xperthr.co.uk/article/78242/morrish-v-ntl-group-ltd-2007-csih-56-cs.aspx Thu, 19 Jul 2007 00:00:00 GMT xperthr/casereps/article78242morrishvntlgroupltd2007csih56csaspx/morrishvntlgroupltd2007csih56cs The EAT has held that where an employee failed to appeal against her dismissal for redundancy, but then sought to raise a grievance, she reasonably believed that a procedure was ongoing when the original time limit for bringing a tribunal claim expired. The time limit was therefore extended by three months. http://www.xperthr.co.uk/article/78142/harris-v-towergate-london-market-ltd-eat-0090-07.aspx Mon, 16 Jul 2007 00:00:00 GMT xperthr/casereps/article78142harrisvtowergatelondonmarketltdeat009007aspx/harrisvtowergatelondonmarketltdeat009007 The EAT has held that the timing of an appeal was not reasonable, as required by the general requirements in the Employment Act 2002, Schedule 2, paragraph 13, and the employee's dismissal was therefore automatically unfair under the Employment Rights Act 1996, section 98A. http://www.xperthr.co.uk/article/78058/sovereign-business-integration-plc-v-trybus-eat-0107-07.aspx Wed, 11 Jul 2007 00:00:00 GMT xperthr/casereps/article78058sovereignbusinessintegrationplcvtrybuseat010707aspx/sovereignbusinessintegrationplcvtrybuseat010707 The Court of Appeal has held that school support staff employed on the recommendation of the governing body of a community school could succeed in their equal pay claims. http://www.xperthr.co.uk/article/78050/south-tyneside-metropolitan-borough-council-v-anderson-and-others-2007-ewca-civ-654-ca.aspx Wed, 11 Jul 2007 00:00:00 GMT xperthr/casereps/article78050southtynesidemetropolitanboroughcouncilvandersonandothers2007ewcaciv654caaspx/southtynesidemetropolitanboroughcouncilvandersonandothers2007ewcaciv654ca The Court of Appeal has held that agency workers engaged on fixed-term contracts of less than three months are not entitled to statutory sick pay. http://www.xperthr.co.uk/article/77877/commissioners-for-her-majestys-revenue-and-customs-v-thorn-baker-ltd-and-others-2007-ewca-civ-626-ca.aspx Wed, 04 Jul 2007 00:00:00 GMT xperthr/casereps/article77877commissionersforhermajestysrevenueandcustomsvthornbakerltdandothers2007ewcaciv626caaspx/commissionersforhermajestysrevenueandcustomsvthornbakerltdandothers2007ewcaciv626ca The Employment Appeal Tribunal has given guidance on the calculation of the compensatory award when an employee who has been off work sick is constructively dismissed. http://www.xperthr.co.uk/article/77825/gab-robins-(uk)-ltd-v-triggs-eat-0111-07.aspx Tue, 03 Jul 2007 00:00:00 GMT xperthr/casereps/article77825gabrobinsukltdvtriggseat011107aspx/gabrobinsukltdvtriggseat011107 The Employment Appeal Tribunal (EAT) has held that, for claims based on events that took place before age discrimination legislation came into force on 1 October 2006, employment tribunals do not have to disregard the bar on persons over 65 claiming unfair dismissal. http://www.xperthr.co.uk/article/77666/lloyd-briden-v-worthing-college-eat-0065-07.aspx Thu, 28 Jun 2007 00:00:00 GMT xperthr/casereps/article77666lloydbridenvworthingcollegeeat006507aspx/lloydbridenvworthingcollegeeat006507 The European Court of Justice has rejected a challenge to the use of the phrase 'so far as is reasonably practicable' in UK health and safety legislation. http://www.xperthr.co.uk/article/77441/commission-of-the-european-communities-v-united-kingdom-of-great-britain-and-northern-ireland-case-c-127-05-ecj.aspx Wed, 20 Jun 2007 00:00:00 GMT xperthr/casereps/article77441commissionoftheeuropeancommunitiesvunitedkingdomofgreatbritainandnorthernirelandcasec12705ecjaspx/commissionoftheeuropeancommunitiesvunitedkingdomofgreatbritainandnorthernirelandcasec12705ecj The Employment Appeal Tribunal (EAT) has held that an employee's probationary period should have been regarded as complete when the period expired and her employer failed to exercise its contractual right to extend it. http://www.xperthr.co.uk/article/77274/przybylska-v-modus-telecoms-ltd-eat-0566-06.aspx Tue, 12 Jun 2007 00:00:00 GMT xperthr/casereps/article77274przybylskavmodustelecomsltdeat056606aspx/przybylskavmodustelecomsltdeat056606 The Court of Appeal has overturned an employment tribunal decision that an employee resigned rather than was dismissed. http://www.xperthr.co.uk/article/77161/sandhu-v-jan-de-rijk-transport-ltd-2007-ewca-civ-430-ca.aspx Wed, 06 Jun 2007 00:00:00 GMT xperthr/casereps/article77161sandhuvjanderijktransportltd2007ewcaciv430caaspx/sandhuvjanderijktransportltd2007ewcaciv430ca The Employment Appeal Tribunal (EAT) has held that an employee's claim for racial harassment in relation to her employer's policy of not challenging racist behaviour by customers should be allowed to proceed. http://www.xperthr.co.uk/article/77158/gravell-v-london-borough-of-bexley-eat-0587-06.aspx Wed, 06 Jun 2007 00:00:00 GMT xperthr/casereps/article77158gravellvlondonboroughofbexleyeat058706aspx/gravellvlondonboroughofbexleyeat058706 The Employment Appeal Tribunal (EAT) has held that an employment agency had entered into contracts of employment with workers. http://www.xperthr.co.uk/article/77157/consistent-group-ltd-v-kalwak-and-another-eat-0535-06.aspx Wed, 06 Jun 2007 00:00:00 GMT xperthr/casereps/article77157consistentgroupltdvkalwakandanothereat053506aspx/consistentgroupltdvkalwakandanothereat053506 The Employment Appeal Tribunal (EAT) has held that an employee complied with step one of the standard grievance procedure when he presented his complaint at a meeting with his line manager, who wrote it down. http://www.xperthr.co.uk/article/76979/kennedy-scott-ltd-v-francis-eat-0204-07.aspx Tue, 29 May 2007 00:00:00 GMT xperthr/casereps/article76979kennedyscottltdvfranciseat020407aspx/kennedyscottltdvfranciseat020407 Two Advocate-General opinions have been published considering the balance between protecting workers' rights and the right of freedom of movement for employers. http://www.xperthr.co.uk/article/76813/advocate-generals-opinion-in-viking-and-laval-cases.aspx Fri, 25 May 2007 00:00:00 GMT xperthr/casereps/article76813advocategeneralsopinioninvikingandlavalcasesaspx/advocategeneralsopinioninvikingandlavalcases The House of Lords has announced that it is refusing leave to appeal the Court of Appeal’s decision in Madarassy v Nomura International plc [2007] IRLR 246 CA. http://www.xperthr.co.uk/article/76697/madarassy-v-nomura-international-plc.aspx Tue, 22 May 2007 00:00:00 GMT xperthr/casereps/article76697madarassyvnomurainternationalplcaspx/madarassyvnomurainternationalplc The Employment Appeal Tribunal (EAT) has considered the burden of proof in disability discrimination cases where there has been a failure to make reasonable adjustments. http://www.xperthr.co.uk/article/76436/project-management-institute-v-latif-eat-0028-07.aspx Fri, 18 May 2007 00:00:00 GMT xperthr/casereps/article76436projectmanagementinstitutevlatifeat002807aspx/projectmanagementinstitutevlatifeat002807 The Employment Appeal Tribunal (EAT) has held that a failure to obtain and consult on a medical report before dismissing an employee does not in itself breach the duty to make reasonable adjustments for disabled employees. http://www.xperthr.co.uk/article/76258/spence-v-intype-libra-ltd-eat-0617-06.aspx Wed, 09 May 2007 00:00:00 GMT xperthr/casereps/article76258spencevintypelibraltdeat061706aspx/spencevintypelibraltdeat061706 The Employment Appeal Tribunal (EAT) has considered the information that has to be provided to an employee before and during a disciplinary hearing. http://www.xperthr.co.uk/article/76111/ingram-v-bristol-street-parts-eat-0601-06.aspx Wed, 02 May 2007 00:00:00 GMT xperthr/casereps/article76111ingramvbristolstreetpartseat060106aspx/ingramvbristolstreetpartseat060106 An equality tribunal in the Republic of Ireland has held that an employer committed age discrimination when it asked a candidate questions about his age during the selection process. http://www.xperthr.co.uk/article/76110/cunningham-v-bms-sales-1-february-2007-irish-equality-tribunal.aspx Wed, 02 May 2007 00:00:00 GMT xperthr/casereps/article76110cunninghamvbmssales1february2007irishequalitytribunalaspx/cunninghamvbmssales1february2007irishequalitytribunal The House of Lords has refused an application for leave to appeal the Court of Appeal's decision that, in order to show that an employer has breached a discretionary bonus term, the employee must demonstrate that the employer exercised its discretion irrationally or perversely. http://www.xperthr.co.uk/article/76109/commerzbank-ag-v-keen.aspx Wed, 02 May 2007 00:00:00 GMT xperthr/casereps/article76109commerzbankagvkeenaspx/commerzbankagvkeen The House of Lords has held that a council victimised school catering staff bringing equal pay claims by sending letters to them stating that continuing to pursue their claims could lead to redundancies. http://www.xperthr.co.uk/article/75921/st-helens-borough-council-v-derbyshire-and-others-2007-ukhl-16-hl.aspx Fri, 27 Apr 2007 00:00:00 GMT xperthr/casereps/article75921sthelensboroughcouncilvderbyshireandothers2007ukhl16hlaspx/sthelensboroughcouncilvderbyshireandothers2007ukhl16hl The Court of Appeal has overturned an Employment Appeal Tribunal (EAT) decision that the sale of shares from one company to another where both companies were run as an integrated business was not a TUPE transfer. http://www.xperthr.co.uk/article/75823/millam-v-print-factory-(london)-1991-ltd-2007-ewca-civ-322-ca.aspx Wed, 25 Apr 2007 00:00:00 GMT xperthr/casereps/article75823millamvprintfactorylondon1991ltd2007ewcaciv322caaspx/millamvprintfactorylondon1991ltd2007ewcaciv322ca The Employment Appeal Tribunal (EAT) has overturned an employment tribunal decision implying a contract of employment between an agency worker and an end user. http://www.xperthr.co.uk/article/75655/heatherwood-+-wexham-park-hospitals-nhs-trust-v-kulubowila-and-others-eat-0633-06.aspx Mon, 16 Apr 2007 00:00:00 GMT xperthr/casereps/article75655heatherwoodwexhamparkhospitalsnhstrustvkulubowilaandotherseat063306aspx/heatherwoodwexhamparkhospitalsnhstrustvkulubowilaandotherseat063306 The Court of Appeal has held that failing to pay a disabled employee full pay when on sick leave will not normally breach the duty to make reasonable adjustments. http://www.xperthr.co.uk/article/75542/ohanlon-v-commissioners-for-hm-revenue-+-customs-2007-ewca-civ-283-ca.aspx Mon, 16 Apr 2007 00:00:00 GMT xperthr/casereps/article75542ohanlonvcommissionersforhmrevenuecustoms2007ewcaciv283caaspx/ohanlonvcommissionersforhmrevenuecustoms2007ewcaciv283ca The Employment Appeal Tribunal (EAT) has given guidance on the definition of a worker under national minimum wage legislation. http://www.xperthr.co.uk/article/75539/james-v-redcats-(brands)-ltd-eat-0475-06.aspx Wed, 11 Apr 2007 00:00:00 GMT xperthr/casereps/article75539jamesvredcatsbrandsltdeat047506aspx/jamesvredcatsbrandsltdeat047506 The Court of Appeal heard the appeal against the Employment Appeal Tribunal (EAT) decision on 12 March 2007. http://www.xperthr.co.uk/article/75391/ohanlon-v-the-commissioners-for-hm-revenue-+-customs.aspx Wed, 04 Apr 2007 00:00:00 GMT xperthr/casereps/article75391ohanlonvthecommissionersforhmrevenuecustomsaspx/ohanlonvthecommissionersforhmrevenuecustoms The Court of Session has considered whether part-time workers who do not work on Mondays are entitled to extra time off on a pro rata basis in respect of bank holidays that always fall on a Monday. http://www.xperthr.co.uk/article/75390/mcmenemy-v-capita-business-services-ltd-2007-csih-25-cs.aspx Fri, 13 Apr 2007 00:00:00 GMT xperthr/casereps/article75390mcmenemyvcapitabusinessservicesltd2007csih25csaspx/mcmenemyvcapitabusinessservicesltd2007csih25cs The Employment Appeal Tribunal (EAT) has dismissed an appeal against an employment tribunal's ruling that an employee who was dismissed for refusing to remove her veil while teaching had not been discriminated against on the grounds of religion or belief. http://www.xperthr.co.uk/article/75306/azmi-v-kirklees-metropolitan-borough-council-eat-0009-07.aspx Mon, 02 Apr 2007 00:00:00 GMT xperthr/casereps/article75306azmivkirkleesmetropolitanboroughcouncileat000907aspx/azmivkirkleesmetropolitanboroughcouncileat000907 The Employment Appeal Tribunal (EAT) has held that a dismissal will be automatically unfair if, when there is a change in circumstances between the original disciplinary hearing and the appeal hearing, an employer fails to start the disciplinary process again. http://www.xperthr.co.uk/article/75034/premier-foods-plc-v-garner-eat-0389-06.aspx Wed, 28 Mar 2007 00:00:00 GMT xperthr/casereps/article75034premierfoodsplcvgarnereat038906aspx/premierfoodsplcvgarnereat038906 The High Court has ruled that the Government has not properly implemented amendments to the Equal Treatment Directive relating to sexual harassment and pregnancy discrimination. http://www.xperthr.co.uk/article/74888/r-(on-the-application-of-the-equal-opportunities-commission)-v-secretary-of-state-for-trade-and-industry-2007-ewhc-483-hc.aspx Tue, 13 Mar 2007 00:00:00 GMT xperthr/casereps/article74888rontheapplicationoftheequalopportunitiescommissionvsecretaryofstatefortradeandindustry2007ewhc483hcaspx/rontheapplicationoftheequalopportunitiescommissionvsecretaryofstatefortradeandindustry2007ewhc483hc The Court of Appeal has held that it is not part of fire-fighters' normal contractual duties under a collective agreement to go to accidents and emergencies that would normally be dealt with by ambulance crews. http://www.xperthr.co.uk/article/74887/bull-and-another-v-nottinghamshire-and-city-of-nottingham-fire-and-rescue-authority-lincolnshire-county-council-v-fire-brigades-un.aspx Tue, 20 Mar 2007 00:00:00 GMT xperthr/casereps/article74887bullandanothervnottinghamshireandcityofnottinghamfireandrescueauthoritylincolnshirecountycouncilvfirebrigadesunaspx/bullandanothervnottinghamshireandcityofnottinghamfireandrescueauthoritylincolnshirecountycouncilvfirebrigadesunionandothers2007allerd372febca The Employment Appeal Tribunal (EAT) has given guidance on the burden of proof in whistleblowing cases. http://www.xperthr.co.uk/article/74659/kuzel-v-roche-products-limited-eat-0516-06.aspx Tue, 13 Mar 2007 00:00:00 GMT xperthr/casereps/article74659kuzelvrocheproductslimitedeat051606aspx/kuzelvrocheproductslimitedeat051606 British Airways has withdrawn its appeal against the Employment Appeal Tribunal decision that a refusal to permit a female pilot to halve her working hours amounted to indirect sex discrimination. http://www.xperthr.co.uk/article/74574/british-airways-plc-v-starmer.aspx Mon, 12 Mar 2007 00:00:00 GMT xperthr/casereps/article74574britishairwaysplcvstarmeraspx/britishairwaysplcvstarmer The European Court of Human Rights has held that a trade union could expel a member of the British National Party from its membership. http://www.xperthr.co.uk/article/74475/aslef-v-uk-27-february-2007-echr.aspx Thu, 08 Mar 2007 00:00:00 GMT xperthr/casereps/article74475aslefvuk27february2007echraspx/aslefvuk27february2007echr The Employment Appeal Tribunal has considered when a contract of employment can be implied between an agency worker and an end user. http://www.xperthr.co.uk/article/74424/craigie-v-london-borough-of-haringey-eat-0556-06.aspx Tue, 06 Mar 2007 00:00:00 GMT xperthr/casereps/article74424craigievlondonboroughofharingeyeat055606aspx/craigievlondonboroughofharingeyeat055606 The Court of Appeal has held that sums deducted from the pay of workers living in employer-provided accommodation to offset the cost of utility bills can not be counted as part of their wages for the purposes of establishing if they are receiving the minimum wage. http://www.xperthr.co.uk/article/74322/leisure-employment-services-ltd-v-commissioners-for-her-majestys-revenue-and-customs-2007-ewca-civ-92-ca.aspx Fri, 02 Mar 2007 00:00:00 GMT xperthr/casereps/article74322leisureemploymentservicesltdvcommissionersforhermajestysrevenueandcustoms2007ewcaciv92caaspx/leisureemploymentservicesltdvcommissionersforhermajestysrevenueandcustoms2007ewcaciv92ca The Court of Appeal has agreed with the Employment Appeal Tribunal (EAT) that the tribunal's decision that the employer had failed in its duty to make reasonable adjustments was perverse. http://www.xperthr.co.uk/article/74320/hay-v-surrey-county-council-2007-ewca-civ-93-ca.aspx Fri, 02 Mar 2007 00:00:00 GMT xperthr/casereps/article74320hayvsurreycountycouncil2007ewcaciv93caaspx/hayvsurreycountycouncil2007ewcaciv93ca The Employment Appeal Tribunal (EAT) has reiterated that the duty to make reasonable adjustments for the disabled does not normally include giving full pay to an individual during sickness absence. http://www.xperthr.co.uk/article/74318/fowler-v-london-borough-of-waltham-forest-eat-0116-06.aspx Fri, 02 Mar 2007 00:00:00 GMT xperthr/casereps/article74318fowlervlondonboroughofwalthamforesteat011606aspx/fowlervlondonboroughofwalthamforesteat011606 The Employment Appeal Tribunal (EAT) has considered when it is necessary to look outside the terms of the contract of employment when deciding whether or not an individual is an employee. http://www.xperthr.co.uk/article/74317/ministry-of-defence-hq-defence-dental-service-v-kettle-eat-0308-06.aspx Fri, 02 Mar 2007 00:00:00 GMT xperthr/casereps/article74317ministryofdefencehqdefencedentalservicevkettleeat030806aspx/ministryofdefencehqdefencedentalservicevkettleeat030806 The Employment Appeal Tribunal (EAT) has held that an employment tribunal did not err in increasing the amount of unfair dismissal compensation by 40% where an employer had failed to follow the statutory disciplinary and dismissal procedure. http://www.xperthr.co.uk/article/74316/metrobus-ltd-v-cook-eat-0490-06.aspx Fri, 02 Mar 2007 00:00:00 GMT xperthr/casereps/article74316metrobusltdvcookeat049006aspx/metrobusltdvcookeat049006 The Employment Appeal Tribunal (EAT) has held that an employee could rely on a variation to his contract of employment that raised his retirement age to 65 and occurred as a result of a transfer. http://www.xperthr.co.uk/article/74314/power-v-regent-security-services-ltd-eat-0499-06.aspx Fri, 02 Mar 2007 00:00:00 GMT xperthr/casereps/article74314powervregentsecurityservicesltdeat049906aspx/powervregentsecurityservicesltdeat049906 The Employment Appeal Tribunal (EAT) has held that bus drivers are not entitled to a rigid 11 hours' rest in each 24-hour period, but instead should be given regular but undefined rest periods so as to prevent them injuring themselves or others through fatigue. http://www.xperthr.co.uk/article/74313/first-hampshire-+-dorset-ltd-v-feist-and-others-eat-0510-06.aspx Fri, 02 Mar 2007 00:00:00 GMT xperthr/casereps/article74313firsthampshiredorsetltdvfeistandotherseat051006aspx/firsthampshiredorsetltdvfeistandotherseat051006 The Court of Appeal has held that employment tribunals do not have jurisdiction to hear claims for unlawful deductions from wages where a detailed investigation to identify the level of underpayment is required. http://www.xperthr.co.uk/article/74312/coors-brewers-ltd-v-adcock-2007-ewca-civ-19-ca.aspx Fri, 02 Mar 2007 00:00:00 GMT xperthr/casereps/article74312coorsbrewersltdvadcock2007ewcaciv19caaspx/coorsbrewersltdvadcock2007ewcaciv19ca The Employment Appeal Tribunal (EAT) has held that, in the context of a constructive dismissal claim, the question that should be asked is whether the employer's actions during the grievance procedure fell within the range of reasonable responses. http://www.xperthr.co.uk/article/74311/abbey-national-plc-v-fairbrother-eat-0084-06.aspx Fri, 02 Mar 2007 00:00:00 GMT xperthr/casereps/article74311abbeynationalplcvfairbrothereat008406aspx/abbeynationalplcvfairbrothereat008406 The Employment Appeal Tribunal (EAT) has held that a grievance letter stating only that the employee had an equal pay complaint was not sufficient to satisfy step one of the modified grievance procedure. http://www.xperthr.co.uk/article/74310/city-of-bradford-metropolitan-district-council-v-pratt-2007-irlr-192-eat.aspx Fri, 02 Mar 2007 00:00:00 GMT xperthr/casereps/article74310cityofbradfordmetropolitandistrictcouncilvpratt2007irlr192eataspx/cityofbradfordmetropolitandistrictcouncilvpratt2007irlr192eat The Employment Appeal Tribunal (EAT) has considered whether a worker can be employed by both an employment agency and an end user. http://www.xperthr.co.uk/article/74309/cairns-v-visteon-uk-ltd-2007-irlr-175-eat.aspx Fri, 02 Mar 2007 00:00:00 GMT xperthr/casereps/article74309cairnsvvisteonukltd2007irlr175eataspx/cairnsvvisteonukltd2007irlr175eat The Employment Appeal Tribunal (EAT) has considered whether it was discriminatory for a male manager to enter the female toilets and shout at a female employee. http://www.xperthr.co.uk/article/74308/kettle-produce-ltd-v-ward-eats-0016-06.aspx Fri, 02 Mar 2007 00:00:00 GMT xperthr/casereps/article74308kettleproduceltdvwardeats001606aspx/kettleproduceltdvwardeats001606 The Employment Appeal Tribunal (EAT) has held that the European Convention on Human Rights does not apply where an employee refuses to say anything at a disciplinary hearing, on the grounds that to do so might incriminate him or her in ongoing criminal proceedings. http://www.xperthr.co.uk/article/74307/ali-v-sovereign-buses-(london)-ltd-eat-0274-06.aspx Fri, 02 Mar 2007 00:00:00 GMT xperthr/casereps/article74307alivsovereignbuseslondonltdeat027406aspx/alivsovereignbuseslondonltdeat027406 The Employment Appeal Tribunal (EAT) has considered whether a dismissal can be fair where other employees have not been dismissed for the same disciplinary offence in the past. http://www.xperthr.co.uk/article/74306/levenes-solicitors-v-dalley-eat-0330-06.aspx Fri, 02 Mar 2007 00:00:00 GMT xperthr/casereps/article74306levenessolicitorsvdalleyeat033006aspx/levenessolicitorsvdalleyeat033006 The Court of Appeal has held that it was not a breach of contract or any fiduciary duties when an employee failed to inform his employer that he was taking preparatory steps to develop a product that was intended, following his resignation, to be marketed in competition with the employer. http://www.xperthr.co.uk/article/74305/helmet-integrated-systems-ltd-v-tunnard-and-others-2007-irlr-126-ca.aspx Fri, 02 Mar 2007 00:00:00 GMT xperthr/casereps/article74305helmetintegratedsystemsltdvtunnardandothers2007irlr126caaspx/helmetintegratedsystemsltdvtunnardandothers2007irlr126ca The House of Lords has held that, when considering the suitability of workplace equipment, an employer has a duty to anticipate situations that might give rise to accidents. http://www.xperthr.co.uk/article/74304/robb-v-salamis-(m-+-i)-ltd-2006-ukhl-56.aspx Fri, 02 Mar 2007 00:00:00 GMT xperthr/casereps/article74304robbvsalamismiltd2006ukhl56aspx/robbvsalamismiltd2006ukhl56 The Advocate-General has given his opinion on the legality of EU member states introducing national laws that allow compulsory retirement clauses to be included in collective agreements. http://www.xperthr.co.uk/article/74294/advocate-generals-opinion-in-flix-palacios-de-la-villa-v-cortefiel-servicios-sa.aspx Fri, 02 Mar 2007 00:00:00 GMT xperthr/casereps/article74294advocategeneralsopinioninflixpalaciosdelavillavcortefielserviciossaaspx/advocategeneralsopinioninfélixpalaciosdelavillavcortefielserviciossa The Employment Appeal Tribunal is to hear an appeal against an employment tribunal's decision that an employee who was dismissed for refusing to remove her veil while teaching had not been discriminated against on the grounds of religion or belief. http://www.xperthr.co.uk/article/74293/azmi-v-kirklees-metropolitan-council.aspx Fri, 02 Mar 2007 00:00:00 GMT xperthr/casereps/article74293azmivkirkleesmetropolitancouncilaspx/azmivkirkleesmetropolitancouncil The House of Lords has now determined the questions to be referred to the European Court of Justice (ECJ) in HM Revenue and Customs v Stringer and others (previously known as Commissioners of Inland Revenue v Ainsworth and others). http://www.xperthr.co.uk/article/74292/hm-revenue-and-customs-v-stringer-and-others-(previously-known-as-commissioners-of-inland-revenue-v-ainsworth-and-others).aspx Fri, 02 Mar 2007 00:00:00 GMT xperthr/casereps/article74292hmrevenueandcustomsvstringerandotherspreviouslyknownascommissionersofinlandrevenuevainsworthandothersaspx/hmrevenueandcustomsvstringerandotherspreviouslyknownascommissionersofinlandrevenuevainsworthandothers The High Court has referred a challenge to the Employment Equality (Age) Regulations 2006 to the European Court of Justice. The case was brought by the National Council on Aging, which operates under the names Heyday and Age Concern. It believes that the inclusion of the default retirement age, which allows employers to retire individuals at 65 or over, in the Regulations makes them incompatible with the Framework Directive. http://www.xperthr.co.uk/article/74290/legal-challenge-to-default-retirement-age.aspx Fri, 02 Mar 2007 00:00:00 GMT xperthr/casereps/article74290legalchallengetodefaultretirementageaspx/legalchallengetodefaultretirementage The House of Lords is to consider whether employees bringing equal pay claims were victimised when their employer wrote to all staff informing them that the claims could put everyone's jobs at risk. The case is listed to be heard on 12 and 13 February 2007. http://www.xperthr.co.uk/article/74283/st-helens-metropolitan-borough-council-v-derbyshire-and-others.aspx Fri, 02 Mar 2007 00:00:00 GMT xperthr/casereps/article74283sthelensmetropolitanboroughcouncilvderbyshireandothersaspx/sthelensmetropolitanboroughcouncilvderbyshireandothers The Court of Appeal is to rule on whether an employee in an equal pay case can be doing like work if she does more work than her comparator and whether a pay differential can be justified by red-circling. http://www.xperthr.co.uk/article/74282/sita-uk-ltd-v-hope.aspx Fri, 02 Mar 2007 00:00:00 GMT xperthr/casereps/article74282sitaukltdvhopeaspx/sitaukltdvhope This is expected to be the first decision from the Court of Appeal on the statutory grievance procedures. The issue is whether a resignation letter giving general reasons for an immediate resignation is sufficient to raise a grievance under step one of the procedure. http://www.xperthr.co.uk/article/74281/martin-v-class-security-installations-ltd.aspx Fri, 02 Mar 2007 00:00:00 GMT xperthr/casereps/article74281martinvclasssecurityinstallationsltdaspx/martinvclasssecurityinstallationsltd