Case round-up

This report relates to 4 case(s)

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  BUPA Care Homes (BNH) Ltd v Cann; Spillett v Tesco Stores Ltd [2006] IRLR 248 EAT (2 other reports)

  • Tribunal practice and procedure: Discretion to extend time unaffected by statutory grievance procedure

    Date:

    23 June 2006

    In BUPA Care Homes (BHN) Ltd v Cann; Spillett v Tesco Stores Ltd [2006] IRLR 248 EAT the Employment Appeal Tribunal holds that an employment tribunal may exercise its discretion to hear a discrimination complaint where the step-one grievance was submitted more than four months after the act of discrimination complained of.

  • Discretion on time limits not restricted

    Date:

    1 April 2006

    In the joined cases of BUPA Care Homes (BHN) Ltd v Cann and Spillett v Tesco plc (22 February 2006), the EAT clarifies an important point of interpretation and holds that the tribunal's power to extend the time limit for submitting a claim of discrimination is not restricted by the time limit relating to the statutory grievance procedures.

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  Hawley v Luminar Leisure Ltd and others [2006] IRLR 817 CA (2 other reports)

  • Vicarious liability: Nightclub alone responsible for doorman's assault

    Date:

    2 June 2006

    In Hawley v Luminar Leisure and others [2006] EWCA Civ 18 CA, the Court of Appeal holds that responsibility for controlling a worker passed to his "temporary deemed employer", and it was unsuccessful in its attempt to persuade the court to make a finding of dual vicarious liability.

  • Case round-up: Vicarious liability

    Date:

    21 February 2006

    This week's case round-up from Eversheds, covering vicarious liability.

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  Matthews and others v Kent & Medway Towns Fire Authority and others [2006] IRLR 367 HL (2 other reports)

  • Part-time workers: 'Broadly similar work' test in part-time workers legislation requires assessment of work as a whole

    Date:

    19 May 2006

    In Matthews and others v Kent & Medway Towns Fire Authority and others [2006] UKHL 8, the House of Lords held that in the assessment of whether full- and part-time workers are employed on broadly similar work, both the differences and the similarities between the two groups should be considered and an overall assessment made.

  • Ruling gives part-timers more rights

    Date:

    14 March 2006

    Part-time staff claiming the same rights as full-timers have received a major boost from a crucial decision by the House of Lords.

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  Sweetin v Coral Racing [2006] IRLR 252 EAT (3 other reports)

  • TUPE case law update

    Date:

    2 February 2007

    This article looks at some of the important judgments in the area of the transfer of undertakings over the past year.

  • Transfer of undertakings: Compensation for failure to consult on TUPE transfer

    Date:

    7 April 2006

    In Sweetin v Coral Racing, the EAT holds that awards of compensation for a failure to inform and consult about staff transfers under the Transfer of Undertakings (Protection of Employment) Regulations should be penal and not compensatory. 

  • Transfer ruling encourages responsibility

    Date:

    14 February 2006

    Awards of compensation for a failure to inform and consult about staff transfers under the Transfer of Undertakings (Protection of Employment) Regulations (TUPE) should be penal and not compensatory, according to the Employment Appeal Tribunal in Sweetin v Coral Racing.