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justification for direct age discrimination must be related to the general public interest

This month’s biggest employment law news stories have to be the Supreme Court’s two decisions on age discrimination in Seldon v Clarkson Wright & Jakes and Homer v West Yorks Police. Both give useful guidance about how cases on age discrimination will be considered from now on – but both leave questions to be considered…

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no unfairness in process for selecting candidates for alternative employment

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…

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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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