Case round up: stress and constructive dismissal and transfer of temps

This report relates to 2 case(s)

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  Marshall Specialist Vehicles Ltd v Osborne [2003] IRLR 672 EAT (1 other report)

  • Marshall Specialist Vehicles Ltd v Osborne

    Date:

    1 October 2003

    In Marshall Specialist Vehicles Ltd v Osborne [2003] IRLR 672 EAT, the Employment Appeal Tribunal held that for the purposes of claiming constructive dismissal for stress the employee has to show that the risk of injury was foreseeable, that the employer was in breach of its duty of care and that the breach was a fundamental breach of the employment contract.

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  Securiplan v Bademosi EAT/1128/02 (2 other reports)

  • Transfer of undertakings: Rights of individual temporarily assigned to transferred undertaking did not transfer

    Date:

    19 December 2003

    In Securiplan v Bademosi, the EAT holds that an express finding by an employment tribunal that a complainant had been assigned on a temporary basis only to an undertaking that was TUPE-transferred, took his circumstances outside the Botzen and Gale principles, and the tribunal had been correct to go on to hold that his rights against the transferor did not transfer to the transferee.

  • Case round-up: detrimental treatment of disabled employees; and unfair dismissal of TUPE transferred staff

    Date:

    16 September 2003

    This week's case round-up from Eversheds, covering: detrimental treatment of disabled employees; and unfair dismissal of TUPE transferred staff.