Ravat v Halliburton Manufacturing and Services Ltd [2011] UKSC 1; [2012] WLR (D) 24
“An employment tribunal could consider a claim for unfair dismissal by an employee who worked overseas if the connection between the employment relationship and Great Britain was sufficiently strong to show that that could be justified.”
WLR Daily, 8th February 2012
Source: www.iclr.co.uk
Tiffin v Lester Aldridge LLP [2012] EWCA Civ 35; [2012] WLR (D) 19
“Section 4(4) of the Limited Liability Partnerships Act 2000 required an assumption that the business of the limited liability partnership had been carried on by two or more of its members as partners and upon that assumption, required an inquiry as to whether or not the person whose status was in question would have been one of the partners. If the answer to that inquiry was that he would have been a partner then he could not have been an employee of the partnership; if the answer was that he would not have been a partner there would have to be further inquiry as to whether his relationship would have been that of an employee. It was implicit that the primary source material for the purpose of answering those questions would be the members’ agreement although that would not necessarily represent the totality of what might be looked at.”
WLR Daily, 1st February 2012
Source: www.iclr.co.uk
“The Court of Appeal has upheld an Employment Appeal Tribunal (EAT) ruling that fixed share partners are not employees and, as such, are not eligible to claim for unfair dismissal.”
Legal Week, 2nd February 2012
Source: www.legalweek.com
Spaceright Europe Ltd v Baillavoine and another: [2011] EWCA Civ 1565; [2011] WLR (D) 369
“The company administrator’s dismissal of a company employee when it had gone into administration could be for a reason connected with the transfer of a business, for the purposes of regulation 7(1) of the Transfer of Undertakings (Protection of Employment) Regulations 2006, and constituted an automatic dismissal of the employee, even if the disposal of the business and assets and the identity of the transferee had not been in contemplation at the time of that dismissal.”
WLR Daily, 14th December 2011
Source: www.iclr.co.uk
“The 90 day minimum consultation period for collective redundancies may be restricting business and could be reduced as part of the most radical reform to employment law for decades, the Government has said.”
OUT-LAW.com, 24th November 2011
Source: www.out-law.com
“A loss of unfair dismissal rights, changes to tribunal entitlement, and faster lay-offs are among the reforms proposed.”
The Guardian, 23rd November 2011
Source: www.guardian.co.uk
“Vince Cable has announced yet more employment law reform. Rajeev Thacker questions whether there is any justification for this further erosion of employee rights.”
Garden Court Chambers Blog, 23rd November 2011
Source: www.gclaw.wordpress.com
“The rights of thousands of women working as lap dancers are to be tested after a judge ruled that an appeal tribunal should establish whether Stringfellows ’employed’ its performers.”
The Guardian, 18th November 2011
Source: www.guardian.co.uk
A recession tends to lead to more claims but fewer trials. Employees naturally look for ways to maximise the value of their claims – particularly by reference to causes of action that bust the cap for a ‘vanilla’ unfair dismissal – often (in the case of high value employees) by reference to the whistleblowing legislation. The ‘bar’ for what qualifies for protection as a whistleblowing disclosure is set relatively low, and an employee dismissed from (say) employment in the financial services sector can usually identify something he or she has said in the recent past that can be held out as ‘revealing’ the employer’s true motivation for dismissing and/or as supporting a section 103A claim. On the flip side, recessions may give employers greater scope for ‘Polkey Chance’ arguments – market uncertainty undermines security of employment, and even if the employee has been unfairly dismissed now, who is to say that he or she would still have been in post in a year’s time?
Full story (PDF)
11 KBW, 10th November 2011
Source: www.11kbw.com
“A Dorset man was unfairly dismissed from his job at a garden centre because of his anti-hunting beliefs, an employment tribunal has ruled.”
BBC News, 27th October 2011
Source: www.bbc.co.uk
“Employment lawyers have hit back at a leaked government paper that proposes abolishing unfair dismissal claims for ’unproductive workers’, stressing it would rob all employees of basic legal protection.”
The Lawyer, 26th October 2011
Source: www.thelawyer.com
“Workers will have to pay to bring unfair dismissal claims and will not be able to do so unless they have worked for the employer for at least two years, the government has said. Under the plans, applicants will be obliged to pay the costs of an unfair dismissal claim – £250 for lodging a claim and a further £1,000 if the case goes to a hearing – which will only be refunded if the employee wins. The change to double the length of employment needed before a claim can be made will come into affect on 6 April 2012.”
The Guardian, 3rd October 2011
Source: www.guardian.co.uk
“Directors of an organisation can be guilty of breaching discrimination laws when carrying out acts on behalf of that organisation, the Employment Appeals Tribunal (EAT) has said.”
OUT-LAW.com, 30th September 2011
“Evidence of unfair sales practices targeted at elderly and vulnerable consumers buying mobility aids has been uncovered by the Office of Fair Trading (OFT), leading to an investigation into two nationwide traders.”
The Guardian, 29th September 2011
Source: www.guardian.co.uk
“The Government today insisted it had made no final decision on whether to increase the qualifying period for unfair dismissal claims from 12 months to two years and was still considering responses to a consultation.”
The Independent, 28th September 2011
Source: www.independent.co.uk
“A worker who was sacked after criticising her workplace on Facebook was unfairly dismissed, an Employment Tribunal has ruled.”
OUT-LAW.com, 26th September 2011
Source: www.out-law.com
“The EAT has ruled that an employee summarily dismissed during a notice period cannot bring an unfair dismissal claim if the dismissal means they have insufficient length of service to raise a claim.”
OUT-LAW.com, 15th August 2011
Source: www.out-law.com
“The supreme court has rejected applications by the Department for Education and Haringey council to challenge a landmark ruling that Sharon Shoesmith was unfairly sacked following the death of Baby P.”
The Guardian, 2nd August 2011
Source: www.guardian.co.uk
“A policewoman who was forced out of her job after going on the TV show Total Wipeout while she was off sick, is now suing force chiefs.”
Daily Telegraph, 27th July 2011
Source: www.telegraph.co.uk
“Teachers who had been employed by the Secretary of State for Children, Schools and Families and seconded to work at European Schools throughout the European Union were entitled to bring unfair dismissal claims before an employment tribunal under section 94(1) of the Employment Rights Act 1996.”
WLR Daily, 15th July 2011
Source: www.iclr.co.uk
© Inner Temple Library 2025