‘It was neither sex discrimination nor discrimination related to pregnancy or maternity leave to dismiss an employee for excessive absences due to post-natal depression that took place after her maternity leave had ended, the Employment Appeal Tribunal (EAT) has found.’
OUT-LAW.com, 12th March 2014
Source: www.out-law.com
‘Britain’s biggest airport car parking company, Purple Parking, has admitted age discrimination against its workers after it sacked dozens of them for being too old.’
The Independent, 10th March 2014
Source: www.independent.co.uk
‘Harini Iyengar explains the Court of Appeal’s conclusion in Jessemy v Rowstock Ltd [2014] EWCA Civ 185 that victimisation of former employees remains unlawful even though “on any natural reading of the relevant provisions of the [Equality Act 2010], taken on their own and without reference to any contextual material, post-termination victimisation is not proscribed”.’
Employment Law Blog, 7th March 2014
Source: www.employment11kbw.com
Rowstock Ltd and another v Jessemey [2014] EWCA Civ 185; [2014] WLR (D) 101
‘The Court of Appeal so stated when allowing the appeal of the claimant, Mr P Jessemey, against a decision of the Employment Appeal Tribunal on 5 March 2013 [2013] ICR 807 dismissing his appeal against a decision by the employment tribunal sitting at Reading to dismiss his claim against his former employer Rowstock Ltd and its director Mr Davis for victimisation pursuant to section 108 of the Equality Act 2010.’
WLR Daily, 26th February 2014
Source: www.iclr.co.uk
Redbridge London Borough Council v Dhinsa and another [2014] EWCA 178; [2014] WLR (D) 97
‘Section 200 of the Employment Rights Act 1996 was apt to exclude a parks police constable from claiming unfair dismissal where the Parks Police Service employing him was a “constabulary maintained by virtue of an enactment”, since, for the purposes of section 200(2)(a) of the 1996 Act, all members of the Service were “constables” who had made an appropriate declaration before a Justice of the Peace and the Service was also maintained by virtue of two enactments.’
WLR Daily, 26th February 2014
Source: www.iclr.co.uk
‘In Hazel and Huggins v Manchester College [2014] EWCA Civ 72 the Court of Appeal has dismissed the College’s appeal against a majority Employment Tribunal decision that the dismissals of two lecturers at HMP Elmley in Kent, Mrs Hazel and Mrs Huggins (“H&H”) were not for an “economic technical or organisational” (ETO) reason that entailed a change in the workforce, but were because they refused to agree to new, reduced terms, and this was connected to a TUPE transfer, making their dismissals automatically unfair.’
Education Law Blog, 7th February 2014
Source: www.education11kbw.com
‘The EAT, Mr Justice Langstaff sitting alone, has recently looked again at the application of the ‘reasonably practicable’ test in circumstances where a claim for unfair dismissal was lodged after the three month deadline had expired.’
No. 5 Chambers, 4th December 2013
Source: www.no5.com
‘When do Employment Tribunals have jurisdiction to hear unfair dismissal complaints brought by employees who work outside Great Britain? Nigel Brockley highlights the recent caselaw on this topic.’
No. 5 Chambers, 4th December 2014
Source: www.no5.com
‘Employers “cannot simply rubber stamp” an occupational health adviser’s opinion that an employee is not disabled, the Court of Appeal has ruled in a case involving a local authority.’
Local Government Lawyer, 11th December 2013
Source: www.localgovernmentlawyer.co.uk
Kavanagh and others v Crystal Palace FC Ltd and another [2013] EWCA Civ 1410; [2013] WLR (D) 436
“Where, because of the unique features pertaining to the financial affairs of a failing football club, there were even stronger reasons than usual for averting liquidation, an administrator who needed to reduce the wage bill in order to continue running the business and to avoid liquidation had a permissible economic reason for dismissing employees where the ultimate objective remained the early sale of the club.”
WLR Daily, 13th November 2013
Source: www.iclr.co.uk
“The Government has launched a £1m investigation into the discrimination faced by women in pregnancy and its impact on families and the economy.”
The Independent, 4th November 2013
Source: www.independent.co.uk
“Sharon Shoesmith , the former Haringey council children’s services director sacked in the wake of the controversy surrounding the death of Baby P, has agreed a settlement for unfair dismissal with her former employers.”
The Guardian, 29th October 2013
Source: www.guardian.co.uk
Zulhayir v JJ Food Service Ltd: [2013] EWCA Civ 1226; [2013] WLR (D) 396
“For an appeal to succeed on the ground of perversity an overwhelming case had to be made out that the court or tribunal below had reached a decision which no reasonable tribunal, on a proper appreciation of the evidence and the law, would have reached.”
WLR Daily, 16th October 2013
Source: www.iclr.co.uk
“Lord Sugar’s bid to recover costs from the winner of TV’s The Apprentice after she lost a constructive dismissal claim against him has failed.”
BBC News, 25th September 2013
Source: www.bbc.co.uk
“Caroline Jennings explores the use of CCTV as evidence in the Employment Tribunal.”
No. 5 Chambers, 16th September 2013
Source: www.no5.com
“A former head teacher of a private girls’ school in Denbighshire has been awarded £216,898 for unfair dismissal.”
BBC News, 11th September 2013
Source: www.bbc.co.uk
“Changes to the regime governing protections for employees whose contracts are transferred to a new employer ‘go a long way towards eliminating the unnecessary gold plating’ that has made the rules such a headache for employers, an expert has said.”
OUT-LAW.com, 6th September 2013
Source: www.out-law.com
“Employment tribunals can take a former employee’s post-termination conduct into account when calculating the compensation to be awarded for a successful unfair dismissal claim, according to the Employment Appeal Tribunal (EAT).”
OUT-LAW.com, 19th August 2013
Source: www.out-law.com
Fox v British Airways plc [2013] EWCA Civ 972; [2013] WLR (D) 330
“Where a claimant could establish liability for unfair dismissal and disability discrimination in respect of his son who had been a member of a company pension scheme and who died shortly after dismissal by the company for medical incapacity, the son’s estate would be entitled to compensation in a sum equivalent to the full amount of the death in service benefit that would have been payable under the scheme if the son had remained in employment at the date of his death.”
WLR Daily, 31st July 2013
Source: www.iclr.co.uk
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