Permanently ill employee did not transfer under TUPE
An employee who had been unable to work due to illness for 6 years and would not be returning to work was not assigned to the group transferring under TUPE.
October 9, 2015 No Comments
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HR’s heavy influence in disciplinary investigation made dismissal unfair
An employee was unfairly dismissed in circumstances where heavy influence from the Human Resources department had led to the investigating officer changing his recommendation from a final warning to immediate dismissal.
October 9, 2015 No Comments
Victimising an employee for being associated with allegations of discrimination by others is unlawful
A victimisation claim can succeed where a person is treated less favourably because someone else has made an allegation of discrimination and in the employer’s mind the two people are associated.
October 9, 2015 No Comments
No order for DSAR compliance where not reasonable or proportionate
The courts will not enforce compliance with a data subject access request (also referred to as a DSAR) where compliance would not be reasonable or the search would require disproportionate effort.
September 9, 2015 No Comments
Mutual trust and confidence damaged by refusal of employee’s choice of companion
An employer’s refusal to allow an employee to be accompanied to an investigation meeting by a representative from a professional defence organisation was held to be a breach of contract even though the representative was neither a Trade Union representative nor colleague.
September 9, 2015 No Comments
Constructive dismissal inapplicable to multi-party LLP agreements
The High Court has made a significant decision which will prevent exiting members of an LLP from avoiding restrictive covenants by alleging they had resigned in response to the employer’s breach of contract.
September 9, 2015 No Comments
US company prevented from suing UK worker in US court
An injunction has been granted to require that a company withdraw its motions in a Massachusetts court against an employee domiciled in the UK.
July 31, 2015 No Comments
Dismissal for Facebook ‘banter’ was fair
An employer can fairly dismiss an employee for making derogatory comments on a personal Facebook account.
July 31, 2015 No Comments
Sick workers can choose to carry over annual leave
Workers on sick leave can choose to carry over their annual leave for up to 18 months after the leave year in which it accrued.
July 31, 2015 No Comments
Summary dismissal for health and safety breach was unfair
An employer’s decision to dismiss an employee summarily on grounds of gross misconduct was not a reasonable response to an employee’s failure to adhere to a new health and safety procedure. It was therefore outside of the ‘range of reasonable responses’ open to the employer, and it constituted an unfair dismissal.
July 31, 2015 No Comments
Works councils: request must be made by 10% of the whole business’ workforce
In the context of the Information and Consultation of Employees Regulations 2004, an “undertaking” refers to a legal entity – i.e. the employer as a whole – rather than individual business units.
July 31, 2015 No Comments
Ignorance of need to consult collectively no bar to protective awards
An employer’s claim that it failed to consult collectively because it was not aware that it was obliged to do so is no excuse, and protective awards (of up to three months pay per employee) remain payable in such circumstances.
July 31, 2015 No Comments
