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Unfair Redundancy: Competent Selection?

Meredith Hurst Friday, May 3, 2013

Redundancy is becoming more and more common  in the current climate.  Whilst a number of recent Employment Tribunal decisions have made it a lot more difficult for employees to challenge redundancy selection, in Mental Healthcare (UK) Ltd v Biluanthe Employment Appeal Tribunal was critical of an employer who selected employees for redundancy on the basis of a series of competency tests normally used in the context of recruitment.  In a redundancy case, an Employment Tribunal...

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New employee shareholder scheme struggles to get off the ground

Meredith Hurst Friday, April 26, 2013

The government believes that businesses that are owned in part by their employees have higher productivity and growth rates, lower levels of absenteeism, greater employee wellbeing, and smaller pay gaps between top-level management and other workers. Graeme Nuttall was asked by the government to conduct an informal consultation on employee ownership. He delivered his report to the government in July 2012 (the Nuttall review), setting out a number of recommendations to improve take up of...

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Court of Appeal holds that the dismissal of Baby P social workers following second disciplinary procedure was fair

Meredith Hurst Thursday, April 25, 2013

In  Christou and another v London Borough of Haringey [2013] EWCA Civ 178 , the Court of Appeal considered appeals brought by two social workers dismissed over their involvement in the Baby P case. The court had to consider whether it was fair for the employer to summarily dismiss two employees after disciplining them a second time for the same conduct. Background Unfair dismissal An employer that dismisses a qualifying employee will be held to have unfairly dismissed them, unless: ...

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Dinnertime Disclosure

Meredith Hurst Friday, February 22, 2013

In Hill v Governing Body of Great Tey Primary School [2012] UKEAT/0237/12 the Employment Appeal Tribunal (EAT) considered whether a Polkey deduction had been correctly applied and whether the Employment Tribunal (ET) had approached issues of confidentiality correctly. The Claimant was a school dinner lady with the Respondent primary school. One day during the summer of 2009 the Claimant was on duty in a school playground when she discovered that a seven year old pupil (C) had been attacked...

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The Apportioning of Compensatory Awards in the ET

Meredith Hurst Friday, February 22, 2013

In London Borough of Hackney v Sivanandan and others, the Court of Appeal has upheld the Employment Appeal Tribunal's decision that no question of apportionment arose in this case, as damage suffered by the Claimant was indivisible. The EAT held that the Employment Tribunal had no power to apportion a compensatory award. The Claimant was a member of Hackney Action for Racial Equality (HARE)'s executive committee until she brought a race discrimination claim against it in 1998. Subsequently,...

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