Case roundup: Pre-transfer of undertakings dismissal and sex discrimination

This report relates to 2 case(s)

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  Shamoon v Chief Constable of the Royal Ulster Constabulary [2001] IRLR 520 NICA (3 other reports)

  • Courts of Appeal conflict over definition of detriment

    Date:

    1 October 2001

    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

  • Relevant circumstances narrowly defined

    Date:

    1 September 2001

    In Shamoon v Chief Constable of the Royal Ulster Constabulary (3 May 2001), the Court of Appeal in Northern Ireland allows an appeal against a finding that a female chief inspector was discriminated against on grounds of sex when it was decided that she would no longer do performance appraisals after a complaint was made about her.

  • Sex discrimination: Detriment must have a physical or economic consequence

    Date:

    15 August 2001

    A female chief inspector failed in her sex discrimination complaint as she could not show that she had suffered a detriment, holds the Northern Ireland Court of Appeal in Shamoon v Chief Constable of the Royal Ulster Constabulary.

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  Thompson v SCS Consulting Ltd and others [2001] IRLR 801 EAT (3 other reports)

  • Transfer of undertakings: Dismissal by receivers at transferee's request was for ETO reason

    Date:

    15 January 2002

    The EAT holds in Thompson v SCS Consulting Ltd and others that an employment tribunal was entitled to find that an employee who was dismissed by the receivers of an insolvent transferor at the request of the transferee prior to the transfer of the undertaking, in circumstances where all employees would have been dismissed had the transferee not taken over the business, was dismissed for an "economic, technical or organisational" reason within the meaning of the TUPE Regulations.

  • On appeal

    Date:

    4 December 2001

    Continuing our regular series spelling out the implications of important cases heard recently in the appeal courts. Paul White and Charlotte Hamer look at the issues

  • Courts of Appeal conflict over definition of detriment

    Date:

    1 October 2001

    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