Toni & Guys (St Paul’s) Ltd v Georgiou looks at the proper calculation of a week’s pay for the purposes of both the basic and compensatory awards following a finding of unfair dismissal and addresses the impact of the employer’s conduct on compensation. The familiar hairdressing brand operates its business on a franchised basis. In…
Employers necessarily gather, store and use personal data about applicants and employees and so must comply with the Data Protection Act 1998. Halliday v Creation Consumer Finance Ltd considers what sort of compensation should be awarded if that information is misused. It arose in the context of consumer credit finance. After Mr Halliday bought a…
In Blackburn v Aldi Stores Ltd the Employment Appeal Tribunal looked at whether a failure to provide an adequate appeal in a grievance procedure could amount to a breach of mutual trust and confidence and thus a constructive dismissal, and concluded that it could. Mr David Blackburn commenced work with Aldi in 2006 as a…
A Ms Little joined Richmond Pharmacology in 2006 as an evening receptionist. In 2009 she was promoted to the post of full-time sales executive. Richmond operates in a highly competitive marketplace, relying on personal contacts and dealing with the running of pharmaceutical trials. In September 2009 Ms Little went on maternity leave prior to the…
In Akinosun (on behalf of General & Health Workers Union) v The Certification Officer the Employment Appeal Tribunal (Mr Justice Langstaff – President) upheld the refusal of the Certification Officer to list GAHWU as a trade union (from which follow a number of legal consequences, including the possibility of recognition for collective bargaining). The decision…
Just a reminder – two repeals effected by the Enterprise and Regulatory Reform Act 2013 came into force at the beginning this month. These are: – The removal of the provisions of the Equality Act 2010 relating to employers’ liability for third party harassment: and – Changes to civil liability for employers who breach health…
In January 2012 I reported the decision of the Employment Appeal Tribunal in the case of Readman v Devon PCT concerning whether or not it was reasonable for a specific employee to reject alternatives to redundancy which would have been accepted by a reasonable employee. The EAT decided that Mrs Readman was entitled to reject…
Not only is TUPE one of the most difficult areas of employment law, it is also one of the most volatile in terms of frequently changing rules and conflicting decisions. Last month I reported a watering down of TUPE reforms and the result of the Government’s review of TUPE has now been published, setting out…
Elliott v The Joseph Whitworth Centre Ltd is a decision of the Employment Appeal Tribunal which demonstrates what can only be described as an abject failure of the judicial process. In his judgment His Honour Judge McMullen QC describes the chronology of relevant events as “sad and disappointing”. Mr Elliott had been working as a…
In an article I wrote in the CLB Employment Solutions blog in June 2011 I pointed out that newspaper coverage of the case was substantially inaccurate and sensationalist. The same could be said for much of this week’s coverage of a “confidential” settlement agreement which, according to BBC’s Newsnight, provides for a payment of over…