Contrary to what you might have read in the papers (naming no broadsheet names), “compensated no-fault dismissals” have no date for implementation. However, The Department for Business Innovation and Skills has put out a “call for evidence” on that proposal, and, more generally, for views on how the current ACAS Code of Practice operates in…
Of direct personal interest to a minority of our readership – albeit a very important one(!) – is O'Brien v Ministry of Justice in which the European Court of Justice (ECJ) dealt with a long running case on the question of whether part-time fee paid judges are entitled to the protection afforded to part time…
Huet v Université de Bretagne occidentale is a case referred to the European Court of Justice (ECJ) from the administrative court in Rennes concerning the French equivalent of the Fixed-term Employees Regulations and makes an important practical point. The background was that Mr Huet had a series of fixed term contracts as a researcher at…
Last February, we reported on Dunn v Institute of Cemetery and Crematorium Management, which suggested that it could be unlawful to discriminate because a person is married to a particular person, and not simply on the ground that he or she is married. Hawkins v (1) Atex Group Ltd (2) Age Korsvold (3) Malo de…
In Abellio London Ltd (Formerly Travel London Ltd) v Musse & Ors the Employment Appeal Tribunal gives us a useful reminder that the right of employees to resign in response to a detrimental change of terms on a transfer of an undertaking is not restricted to changes in to their contractual terms. When a transfer…
In the February 2012 decision in Capita Hartshead v Byard the Employment Appeal Tribunal (EAT) looked at a selection pool of one and found that a dismissal from such a restricted pool was unfair where an employer had not genuinely applied its mind to the question of what the pool for selection should be. Hard…
Consideration of alternative employment is a part of a fair redundancy procedure and it is common practice for employees to be asked to attend interviews for alternative jobs, competing against other internal, and sometimes external, applicants. In Samsung Electronics (UK) Ltd v Monte-D’Cruz the Employment Appeal Tribunal (EAT) overturned a finding of unfair dismissal by…
The decision of the Supreme Court in BAI (Run Off) Ltd v Durham & Ors is the most recent chapter in long running litigation on the liability of insurers under policies taken out by employers to cover them for industrial diseases contracted by employees. The litigation arose over the liability of insurers for mesothelioma, an…
Woodcock v Cumbria Primary Care Trust is a decision of the Court of Appeal addressing the extent to which the cost factor can justify discrimination on the grounds of age. It dealt with the case of an NHS chief executive, Mr Woodcock, whose post with a PCT "disappeared" during a reorganisation. He was warned of…