Case report round-up: Dismissal for health and safety reason can be automatically unfair where employer does not share employee's belief in danger
XpertHR's latest case reports cover:
- Unfair dismissal: Dismissal for health and safety reason can be automatically unfair where employer does not share employee's belief in danger In Oudahar v Esporta Group Ltd [2011] IRLR 730 EAT, the EAT held that a dismissal could be automatically unfair for a reason related to health and safety even though the employer genuinely did not share the employee's belief that a situation was dangerous, and dismissed him for his repeated failure to undertake a task that he thought was unsafe. (Employment Review)
- TUPE: State not liable to make termination payments when dismissal effected post-transfer by solvent transferee In Pressure Coolers Ltd v Molloy and others [2011] IRLR 630 EAT, the EAT held that, in circumstances where a dismissal occurred after a TUPE transfer, the transferee was liable for awards for unfair and wrongful dismissal. The fact that the transferor had been in administration did not create a deemed dismissal on the date of transfer in respect of which the Secretary of State became liable to make payments. On the facts, the insolvent transferor had not effected any dismissal. (Employment Review)
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