TUPE

A key element of the TUPE Regulations provides that, where either the new or previous owner of a business dismisses an employee for a reason connected with its sale or transfer, then that dismissal will be automatically unfair. The only way the employer can avoid that result is if he can show that the dismissal…

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reporting of accidents etc. at work and elsewhere

In June 2010 the Prime Minister appointed Lord Young of Graffham to review health and safety laws and the growth of the compensation culture. Lord Young’s report “Common Sense Common Safety”, was published in October. One of the recommendations was that the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations should be amended to extend…

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sex discrimination – speculation can be taken into account

Even leading law firms can get it wrong. What do employers do if they have to make redundancies and one of the candidates has been absent on maternity leave? That gave rise to a dilemma for national solicitors’ firm Eversheds. They have lost a legal battle but it is possible that they will win the…

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Yet more on what constitutes a “philosophical belief” in the context of discrimination

I have written on numerous occasions about the sometimes odd and unexpected practical applications of the Religion and Belief Regulations (now incorporated within the Equality Act). This month has seen another and some would say rather tenuous interpretation of what constitutes a protected philosophical belief. Mr Devan Maistry worked for the BBC and presented complaints…

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