Search
Showing 487 results for Employment
TUPE: Services provided after a change in service provision
TUPE: Services provided after a change in service provision Under Regulation 3(1)(b) of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) a transfer occurs where:“activit...
Tribunals Cannot Apportion Liability to Pay Discrimination Compensation
...employment tribunals do not have jurisdiction to hear such claims). There is also a question mark over whether the CLCA covers contribution claims in respect of employment tribunal discrimination cla...
Dismissal Fair Despite Optimistic Occupational Health Report
Dismissal Fair Despite Optimistic Occupational Health Report An employee’s dismissal for poor attendance was fair, despite the fact that an occupational health report suggested he might be ready for a...
Discrimination: No time off to attend Mosque did not amount to indirect discrimination
...employment contract (with consent), so that he would not have to work on Fridays, but Mr Cherfi refused the change and instead took sick leave or holiday so that he could attend the Mosque. In 2009, ...
Unfair dismissal: Health and safety comes first
...Employment Rights Act 1996 (ERA), for health and safety grounds. Summary of the caseMr Oudahar was employed as a chef by Esporta. He refused to clean part of the kitchen floor as there were wires com...
Dismissal Fair Despite Failure to Follow Acas Code
...employment tribunal dismissed his claim as the employer had complied with the Acas Code. The employee appealed, arguing that the Acas Code had not been complied with as: the final written warning le...
No TUPE Transfer For Employee on Long Term Sick Leave
...employment tribunal ruled that as Mr Edwards did not contribute to the economic activity of the grouping, he was not assigned to that grouping and so his employment did not transfer. BT appealed, hav...
Criminal Records Checking System Unlawful
Criminal Records Checking System Unlawful The Court of Appeal has held that the criminal records checking system which requires the disclosure of all recorded convictions and cautions is incompatible ...
Severe Obesity May be a Disability
...employment, he had a BMI of 54, categorising him as Class III obese (or severe, extreme or morbidly obese) under the World Health Organisation classification. K claimed he was dismissed because of his...
Employer’s covert video surveillance did not breach employees’ privacy rights
Employer’s covert video surveillance did not breach employees’ privacy rights Carrying out covert video surveillance of employees suspected of theft did not breach their right to privacy, the European...
No Collective Redundancy Consultation Obligations on Expiry of Fixed-term Contracts
...employment through dismissal and re-engagement. The employees were employed on fixed-term contracts for a specific project or for maternity or sick leave cover. The employment judge held that c...
Employer could not “buy” post-termination restriction
...employment terminated. Unusually, the restriction provided for the employee to receive full pay throughout its duration. Nevertheless the High Court ruled that it was in restraint of trade and unenf...
Ban on Islamic Headscarf Direct Religious Discrimination
Ban on Islamic Headscarf Direct Religious Discrimination An employer’s ban on a Muslim woman wearing a headscarf constitutes direct discrimination on grounds of religion, according to the Advocate Ge...
Headteacher’s dismissal for failing to disclose relationship with sex offender was justified
...employment tribunal found that her dismissal was within the range of reasonable responses open to the school. Whilst there were deficiencies in the appeal process that made her dismissal technica...
Sacked because of Facebook
Sacked because of Facebook In Preece v JD Wetherspoons plc, an ET decided that Ms Preece, a pub manager, was fairly dismissed for gross misconduct having made inappropriate comments on Facebook about...
Redundancy Scheme Paying Higher Payments to Older Employees was Lawful
Redundancy Scheme Paying Higher Payments to Older Employees was Lawful A severance scheme under which older employees received higher payments was justified as older employees need more of a financial...
Employment Tribunal to Refer Questions on Surrogacy to the ECJ
Employment Tribunal to Refer Questions on Surrogacy to the ECJ The Newcastle Employment Tribunal has decided to ask the European Court of Justice whether a woman who becomes a mother by way of a surro...
Criminal Records Checking Service Still Unlawful
...employment as a teaching assistant, which was proving difficult due to her convictions. The other worked as a finance director and was concerned that he might in future be required to disclose his co...
Legal Costs Indemnity in Compromise Agreement did not Cover Criminal Investigation
Legal Costs Indemnity in Compromise Agreement did not Cover Criminal Investigation A legal costs indemnity provided by an employer under the terms of a compromise agreement did not cover investigation...
Unfair Dismissal: Charges Must be Precise
Unfair Dismissal: Charges Must be Precise In Celebi v Scolarest Compass Group Ltd, the EAT found that the 'loss of £3,000' is not the same as 'theft of £3,000' and consequently Ms Celebi’s dismissal ...