In Amicus v Dynamex Friction Ltd and another, the High Court holds that it has jurisdiction to grant a freezing order to protect assets that might otherwise be dissipated by the employer to frustrate an award of compensation by an employment tribunal.
Two apparently contradictory judgements address whether treatment must have any material consequences to constitute a detriment under discrimination law. Plus, cases on Tupe, termination payments and unfair dismissal for misconduct unrelated to employment
This week's case roundup, covering failure to inform and consult on a TUPE transfer and dismissal as a result of bringing an employer into disrepute.
In South Durham Health Authority v UNISON, the EAT rules that a trade union's complaint to an industrial tribunal of an employer's failure to consult with its representatives, in accordance with the Transfer of Undertakings Regulations, was not made too soon. The complaint was presented two weeks before the relevant transfer.
By failing to ensure worker representation in workplaces where no trade union is recognised, the UK Government has failed to comply with its Community law obligations to ensure that workers' representatives are informed and consulted on business transfers and collective redundancies, the European Court of Justice rules in Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland.
HR and legal information and guidance relating to the duty to inform and consult prior to TUPE transfers.