Cases within P

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  Parkinson v March Consulting Ltd [1997] IRLR 308 CA (1 report relating to this case)

  • Reason for dismissal: Determining reason for dismissal where employee was given notice

    Date:

    1 June 1997

    Where employment is terminated by notice, the employer's reason for dismissal has to be determined both by reference to its reason when dismissal occurs and by reference to its reason for giving the prior notice to terminate, holds a majority of the Court of Appeal in Parkinson v March Consulting Ltd.

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  Parkinson v March Consulting Ltd EAT/776/94 (1 report relating to this case)

  • Reorganisation: Events during notice period relevant to whether dismissal is for "SOSR"

    Date:

    15 June 1996

    In Parkinson v March Consulting Ltd the EAT upholds an industrial tribunal's decision that an employee was dismissed for "some other substantial reason", namely the reorganisation of his employer's business, notwithstanding that the reorganisation was not completed until a considerable time after his employment terminated.

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  Parkwood Leisure Ltd v Alemo-Herron and others [2010] EWCA Civ 24 CA (2 reports relating to this case)

  The conclusion of this case was that the European Court of Justice decided in Alemo-Herron and others v Parkwood Leisure Ltd Case C-426/11 ECJ that a transferee is not bound by "dynamic" clauses in contracts of employment referring to collective agreements negotiated after the transfer, where that transferee cannot participate in the negotiation process.

  • TUPE: Transferee not bound by transferor's post-transfer pay agreement

    Date:

    13 April 2010

    In Parkwood Leisure Ltd v Alemo-Herron and others [2010] EWCA Civ 24 CA, the Court of Appeal held that, where the transfer of an undertaking occurs, and the transferring employees' contracts contain a clause referring to a collective agreement between the transferor and the relevant union, the transferee is not obliged to recognise wage increases agreed by the transferor and the union after the transfer has occurred resulting from negotiations to which the transferee was not a party.

  • Parkwood Leisure Ltd v Alemo-Herron and others

    Date:

    3 February 2010

    The Court of Appeal has restored an employment tribunal decision that a transferee was not bound by the terms of a pay increase made under a collective agreement that was incorporated into the contracts before the transfer, where the increase was made under an agreement reached after the transfer in which the transferee played no part.

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  Parkwood Leisure Ltd v Alemo-Herron and others [2011] IRLR 696 SC (2 reports relating to this case)

  In Alemo-Herron and others v Parkwood Leisure Ltd Case C-426/11 ECJ, the European Court of Justice held that a transferee is not bound by "dynamic" clauses in contracts of employment referring to collective agreements negotiated after the transfer, where that transferee cannot participate in the negotiation process.

  • TUPE: contractors exposed on pay bargaining

    Date:

    1 May 2013

    Private companies that acquire staff from the public sector may still have to honour pre-existing collective agreements, writes Christopher Mordue.

  • TUPE: Supreme Court asks ECJ if transferee has to honour pay agreement signed by transferor

    Date:

    16 June 2011

    The Supreme Court has referred to the European Court of Justice the question of whether or not the TUPE Regulations should be given a "dynamic" interpretation, in the context of a dispute over a transferee's failure to honour the terms of a pay increase made under a collective agreement that was incorporated into the contracts of employment before the transfer. 

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  Parlett v Guppys (Bridport) Ltd (No 2) [1999] OPLR 309 CA (1 report relating to this case)

  • In court 1999

    Date:

    1 January 2000

    Our 10th annual round-up of court and tribunal cases concerning pensions and retirement issues encompasses 38 judgments. Last year saw some important decisions, but fewer cases overall than in recent years.

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  Parliamentary Commissioner for Administration and another v Fernandez [2004] IRLR 22 EAT (2 reports relating to this case)

  • Equal pay: case law update

    Date:

    2 March 2007

    This article looks at some of the significant judgments in the area of equal pay over the past year and their implications.

  • Equal pay: Non-discriminatory factor need not be justified to be "material"

    Date:

    6 February 2004

    In Parliamentary Commissioner for Administration and another v Fernandez, the EAT holds that an employer was not required objectively to justify the difference in pay between the complainant and his female comparator, in circumstances where there was no suggestion that the factors relied on by the employer in seeking to establish the "material factor" defence to the equal pay claim were indirectly discriminatory.

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  Parmar v Marks & Spencer plc [2001] ET/2404824/00 (1 report relating to this case)

  • Case digest

    Date:

    1 March 2002

    Hilary Slater, consultant with Cobbetts solicitors, provides a round-up of employment tribunal decisions on discrimination.

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  Parmer v East Leicester Medical Practice EAT/0490/10 (1 report relating to this case)

  • Judicial proceedings immunity extends to victimisation claims

    Date:

    30 March 2011

    The Employment Appeal Tribunal has held that the principle of judicial proceedings immunity applies to all types of discrimination claims, including victimisation.

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  Parr v Whitbread plc t/a Threshers Wine Merchants [1990] IRLR 39 EAT (1 report relating to this case)

  • Misconduct: Group dismissals deemed fair

    Date:

    6 July 1990

    If an employer cannot determine which individual(s), out of a group of possible culprits, are guilty of dishonesty, it may decide to dismiss them all. In Parr v Whitbread plc t/a Threshers Wine Merchants, the EAT holds that such dismissals may be fair, as long as certain criteria are met.

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  Parris v Trinity College Dublin and others [2017] IRLR 173 ECJ (1 report relating to this case)

  • ECJ case law round-up: recent discrimination decisions

    Date:

    7 December 2016

    We round up three recent European Court of Justice (ECJ) judgments about discrimination. The ECJ has recently considered: temporary incapacity caused by a workplace accident in Barcelona; the recruitment age limit for Basque police officers; and survivors' pensions for same-sex partners in Ireland.