when is a group not a “grouping”?

Only organised groupings of employees, whose principal purpose is carrying out activities for a particular client, will be transferred under the service provision change sections of TUPE, and Eddie Stobart Ltd. v Moreman sheds useful light on what amounts to an “organised grouping” for this purpose. The case was brought by 35 workers in a…

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Court of Appeal critical of heavy handed attempt to injunct former employee

In Caterpillar Logistics Services (UK) Ltd v de Crean, the Court of Appeal has upheld the refusal of an injunction application against a former employee. Mrs de Crean had worked in a senior capacity and had a contract which included a confidentiality agreement but did not include terms restricting her activities after her employment ended.…

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suspension of employees during disciplinary proceedings and referrals to the police

The case of Crawford and Another v Suffolk Mental Health Partnership NHS Trust, recently considered by the Court of Appeal, appears on its face to be concerned with relatively straightforward issues resulting from dismissals for gross misconduct following alleged mishandling of patients, particularly the deployment of a “safe handling technique” which had caused open skin…

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no compensation for manner of dismissal

In Edwards v Chesterfield Royal Hospital and Botham (FC) v Ministry of Defence the Supreme Court revisited the question of whether, over and above any right to compensation for unfair dismissal, employees can recover damages for the way in which they have been dismissed and specifically in the situation where the employer has failed to…

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discrimination the ground of marital status and a judicial mention for Downton Abbey

The Equality Act 2010, like its predecessors, protects those with the protected characteristic of marriage from discrimination on the ground of that characteristic. Does this concept, originally introduced to deal with the outmoded practice of dismissing women as soon as they married, which still continued into the 1960s, have any current relevance in the 21st…

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