Case round-up

This report relates to 5 case(s)

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  Alamo Group (Europe) Ltd v Tucker and another [2003] IRLR 266 EAT (2 other reports)

  • Transfer of undertakings: Transferor's liability for failure to inform and consult passes to transferee

    Date:

    15 August 2003

    In Alamo Group (Europe) Ltd v (1) Tucker (2) Twose of Tiverton Ltd, the EAT holds that where a transferor fails to comply with its duty to inform and consult upon a relevant transfer, liability for that failure passes to the transferee under reg. 5 of the TUPE Regulations.

  • Case round-up: TUPE and disciplinary warnings

    Date:

    8 April 2003

    This week's care round-up by Eversheds, covering: TUPE and disciplinary warnings.

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  Lawson v Serco Ltd [2003] All ER (D) 146 (Mar) EAT (1 other report)

  • Employment tribunal jurisdiction: Jurisdiction where employee based abroad

    Date:

    18 July 2003

    In Lawson v Serco Ltd, it was decided that the employer carried on business in England and Wales, so the tribunal did have jurisdiction to hear his claim even though he worked exclusively on Ascension Island. Bryant v The Foreign & Commonwealth Office (where jurisdiction to hear an unfair dismissal claim was denied) was decided on the basis of a narrow ground raised on appeal and did not consider reg. 11, and does not therefore conflict with the decision in Lawson.

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  MPB Structures Ltd v Munro [2003] IRLR 350 CS (2 other reports)

  • Working Time Regulations: Holiday pay must be paid in association with leave entitlement

    Date:

    20 June 2003

    In MPB Structures Ltd v Munro, the Court of Session holds that under the Working Time Directive and Regulations, it is intended that payment for annual leave should be in association with the taking of leave entitlement.

  • Case round-up: employment status of temporary staff; and incorporation of holiday pay

    Date:

    29 April 2003

    This week's case round-up from Eversheds, covering: employment status of temporary staff; and incorporation of holiday pay.

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  Murray v Newham Citizens Advice Bureau Ltd [2003] IRLR 340 EAT (1 other report)

  • Disability discrimination: Tendency to physical violence resulting from impairment is not an excluded condition

    Date:

    19 September 2003

    In Murray v Newham Citizens Advice Bureau Ltd, the EAT holds that anemployment tribunal which found that a complainant who suffered from paranoid schizophrenia, was disabled for the purposes of the DDA, had a tendency to violence as a direct result of that condition, and who had been treated less favourably on the grounds of that propensity to violence, had erred in further holding that he had not been discriminated against on the grounds of his disability.

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  Qua v John Ford Morrison Solicitors [2003] IRLR 184 EAT (4 other reports)

  • Time off for dependants: First consideration of dependants' leave entitlement

    Date:

    9 May 2003

    In Qua v John Ford Morrison Solicitors, the EAT holds that the statutory right to take a "reasonable amount of time off" to care for dependants is a right that applies during working hours to enable employees to deal with the variety of specified unexpected or sudden events affecting their dependants, and in order to make any "necessary" longer-term arrangements for their care.

  • Dependants leave is not a case for unfair dismissal

    Date:

    1 April 2003

    Employees with caring responsibilities are entitled to take 'dependants leave' when a child is ill, but employers should keep extensive records of when they are absent. By Danielle Kingdon, employment partner, Osbourne Clarke.

  • Guidelines on dependant leave

    Date:

    1 April 2003

    In Qua v John Ford Morrison Solicitors (14 January 2003), the EAT confirms that the statutory right to time off in respect of dependants is a right to deal with unexpected events, and is not intended to allow an employee to provide care for a sick dependant beyond the reasonable amount necessary to enable them to deal with the immediate crisis.

  • Case round-up: unfair dismissal compensation; temporary workers and time off for dependants

    Date:

    11 February 2003

    This week's case round-up, covering: unfair dismissal and compensation; temporary workers; and time off for dependants.