A downloadable PDF of this article is available by clicking this link ‘In connection with’ and Regulation 4(2)(a) TUPE Regulation 4 of The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) states as follows (my underlining): “Effect of relevant transfer on contracts of employment 4.—(1) … a relevant transfer shall not operate so as to […]
Tags: Employment, General Civil
A downloadable PDF of this article is available by clicking this link Unfavourable Treatment & S 15 EqA 2010 Disabled employees were significantly impacted by the Covid 19 pandemic. Disabled employees often needed to shield and even after the various lockdowns were lifted had to continue to stay away from the office which in some […]
Tags: Employment, General Civil
A downloadable PDF of this article is available by clicking this link There have been a number of first instance decisions which have looked at health and safety dismissals relating to Covid 19. The central issue in these claims is a reasonable belief as to the serious & imminent danger. Looking through the lens of repeated […]
Tags: Employment, General Civil
A downloadable PDF of this article is available by clicking this link Wrongful Dismissal When defending a claim for unfair dismissal there are usually three key witnesses: investigator; decisionmaker; appeal decisionmaker. However when an employer has summarily dismissed an employee there is invariably a claim for wrongful dismissal. None of the above witnesses are likely to […]
Tags: Commercial, Employment, General Civil
Every so often you come across ‘useful cases’. The case is not making any ground-breaking new statements on the law so-called ‘landmark’ cases. What they have in common is that within the case there is either a clear restatement of the law or the bringing together of principles found in more than one case. Ayodele […]
Tags: Commercial, Employment, General Civil
A downloadable PDF of this article is available by clicking this link. LIST OF ISSUES In Parekh v London Borough of Brent [2012] EWCA Civ 1630 Mummery LJ had the following to say about lists of issues at paragraph 31 (my underlining). “A list of issues is a useful case management tool developed by the […]
Tags: Employment, General Civil
A downloadable PDF of this article is available by clicking this link. ASSERTING A STATUTORY RIGHT Under S 104 Employment Rights 1996 (ERA) an employee is protected from being dismissed for asserting a statutory right. S104 of the ERA provides as follows (my underlining): S 104 Assertion of statutory right. (1) An employee who is […]
Tags: Commercial, Employment, General Civil
A downloadable PDF version of this article is available by clicking this link. SOME OTHER SUBSTANTIAL REASON It is necessary for an employer when fairly dismissing an employee to identify the reason for dismissal. S 98(1)(b) Employment Rights Act 1996 identifies one potentially fair reason as some other substantial reason (SOSR). In […]
Tags: Commercial, Employment, General Civil
Vulnerable Witnesses Earlier this year, whilst preparing for a final hearing in a claim under the Equality Act 2010 it was necessary for me to look at the Tribunal’s approach to making reasonable adjustments at a final hearing. Guidance on a Tribunals requirement to make reasonable adjustments at hearings is found in Rackham –v- NHS […]
Tags: Commercial, Employment, General Civil
CLOUD VIDEO PLATFORM & OTHER MATTERS This blog is a bit different from my regular contribution however I thought it would be helpful to update practitioners on how things have been going since the Tribunals reopened at the end of June. I had an in-person hearing which was heard over three weeks at the beginning […]
Tags: Commercial, Employment, General Civil