Employment tribunals must follow clear guidelines

This report relates to 4 case(s)

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  Ayub and others v Derby City Council ET (1 other report)

  • Recruitment to ensure ethnic mix unlawful

    Date:

    1 March 2001

    A local authority which engineered a recruitment exercise in order to ensure an "appropriate" community mix by the appointment of an Indian candidate rather than a Pakistani candidate unlawfully discriminated on grounds of race, holds a Nottingham employment tribunal (Chair: G R Little) in Ayub and other v Derby City Council.

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  Fasuyi v Greenwich London Borough Council [2000] All ER (D) 2013  EAT (2 other reports)

  • Race discrimination: Tribunal did not err in failing to make recommendation because none was sought

    Date:

    15 March 2001

    In Fasuyi v London Borough of Greenwich, the EAT holds that a tribunal does not invariably make an error of law if, having s.56(1)(c) of the Race Relations Act 1976 ("the RRA") in mind, it does not make a recommendation under that subsection because none is sought by the applicant.

  • Guidance on action recommendation

    Date:

    1 March 2001

    The EAT in Fasuyi v London Borough of Greenwich has set out some principles in respect of a tribunal recommendation for action to be taken pursuant to s.56(1)(c) of the Race Relations Act 1976 (and the parallel provisions in the Sex Discrimination Act 1975 and Disability Discrimination Act 1995).

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  Reid v North West Ceilings Ltd (t/a Shopspec) [2001] All ER (D) 02 (Apr) EAT (1 other report)

  • Employment status: Supervisory worker on the "lump" was an "employee"

    Date:

    15 June 2001

    In Reid v North West Ceilings Ltd t/a Shopspec, the EAT holds that a shopfitter/joiner, with supervisory responsibilities, fell into the now well-recognised category of employees on the "lump", despite the fact that both he and his employer had treated him as self-employed for tax and NI purposes.

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  Rossiter v Pendragon plc [2001] IRLR 256 EAT (1 other report)

  • Transfer of undertakings: Broader test of "constructive dismissal" in transfers cases

    Date:

    15 May 2001

    The concept of "constructive dismissal" in s.95(1)(c) of the Employment Rights Act 1996 ("the ERA") is sufficiently wide to bear a construction that does not require the employer's actions complained of to constitute a breach of contract, holds the EAT in Rossiter v Pendragon plc.