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Equal pay: A local authority employer must be presumed to be a single establishment for equal pay purposes unless the facts demonstrate otherwise
Source: IRS Employment Review
Date: 24/08/2010
In City of Edinburgh Council v Wilkinson and others EATS/0002/09, the EAT held that the different departmental and geographical locations of the jobs held by the claimants and their comparators were not sufficient to rebut a presumption that the local authority was a single establishment. Even if that was not the case, the claimants and their comparators were engaged on common terms and conditions. Failing that, they were in the same employment because the comparators' conditions would be the same if they were to be employed at the claimants' establishments.
Discipline: Private sector employee had no right to legal representation at disciplinary hearing
Source: IRS Employment Review
Date: 24/08/2010
In R (on the application of Kirk) v Middlesbrough Council and another [2010] IRLR 699 HC, the High Court held that a social worker accused of withholding information about a child protection investigation, of which she was the subject, from her private sector employer was not entitled to legal representation at a disciplinary hearing.
Unfair dismissal: Employer should have challenged evidence of accuser
Source: IRS Employment Review
Date: 11/08/2010
In Salford Royal NHS Foundation Trust v Roldan [2010] EWCA Civ 522 CA, the Court of Appeal held that an employment tribunal was entitled to find a dismissal unfair where the reason for the dismissal included an allegation about a secondary incident that had not been particularised, and where there had been a failure to investigate a key dispute of fact between the accuser and accused.
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