Updated to include information on British Airways v Pinaud, in which the EAT held that a part-time employee had been subjected to less favourable treatment in relation to days of availability to work.
Updated to include information on the Freedom to speak up: raising concerns (whistleblowing) policy for the NHS and the Whistleblowing Commission's Code of practice for effective whistleblowing arrangements.
Updated to include information on Federatie Nederlandse Vakereniging and others v Smallsteps BV, in which the ECJ held that a "pre-pack" administration may not prevent employees from having TUPE rights.
Updated to take into account a change relating to whether or not a disclosure is in the public interest.
Updated to include information on the Court of Appeal decision in Chesterton Global Ltd and another v Nurmohamed on the definition of "in the public interest".
Updated to include information on Walker v Innospec Ltd and others, in which the Supreme Court considered entitlement to pension benefits for same-sex partners.
The Court of Appeal upheld the decision of the employment tribunal that disclosures made by a worker satisfied the "public interest" requirement for protection under the whistleblowing provisions of the Employment Rights Act 1996. The disclosures related to a breach of the employment contracts of 100 senior managers, including the whistleblower.
Updated to include information on Chesterton Global Ltd & another v Nurmohamed, in which the Court of Appeal ruled on the public interest test for a protected disclosure.
Cases on appeal provides news on key case law developments that are expected.
The Court of Appeal has held that, where the reason or principal reason for a dismissal is because the employee made a disclosure, the question of whether or not that disclosure is protected falls to be determined objectively by the tribunal, and not the employer.
HR and legal information and guidance relating to automatically unfair dismissals.