A Cross to Bear: Eweida v British Airways Plc

Mrs Eweida, a Christian who works as a member of British Airways (BA) check-in staff has finally won her case at the European Court of Human Rights (ECHR). As Mrs Eweida’s position is customer facing, she is required to wear a uniform. BA’s uniform policy prohibited the wearing of any visible item of adornment around […]

The Apportioning of Compensatory Awards in the ET

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 […]

Terms and Conditions of Employment – TUPE Amendment Regulations

The Transfer of Undertakings Regulations (or TUPE for short) have been with us since 1981. They were amended in 2006 and the Government is making further changes which it has published this week. TUPE exists to ensure that the rights of employees are protected in the event of the sale of a business or in […]

Not in my house you don’t! Bed and Breakfast and the Sexual Orientation Regulations

You may have personal experience of holidays that could well feature on a television programme called ‘holidays from hell’. Well this case concerns a bed and breakfast business that was less than welcoming to same-sex couples. In the case of Black v Wilkinson,the Court of Appeal has held that Mrs Wilkinson’s bed and breakfast business […]

Unfair Redundancy: Competent Selection?

Redundancy is becoming more and more commonin 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 […]

Sunday Working – Religious Discrimination

Devotees of Sabbatarianism may be disappointed by the very recent decision of the Court of Appeal in Mba v Mayor and Burgesses of the London Borough of Merton [2013]. The Court of Appeal held that it was a proportionate means of achieving a legitimate aim for a local authority to require a committed Christian who […]

Restrictive Covenants

We have seen a run of cases where the Courts have adopted a hard-line approach to the interpretation of restrictive covenants. The eagerly awaited Court of Appeal decision in Coppage & Another v Safety Net Security Limited handed down in October made surprising and some might say bad law. Mr Coppage was Business Development Director […]

Employer’s impartial grievance appeal process – Case

Constructive Dismissal: Failure to Provide Impartial Grievance Appeal Process Blackburn v Aldi Stores Ltd The Employment Appeal Tribunal (EAT) has held that an employer’s failure to consider an employee’s appeal impartially, could amount to a breach of the implied term of trust and confidence. The Employment Rights Act 1996 provides that dismissal can occur where […]

TUPE changes

The draft TUPE amendment regulations have now been published due to be in force January 2014. This follows consultation this year by the Government on changes. This arose from concerns that the regulation caused difficulties for businesses in practice and went beyond the requirements of the European legislation, the Acquired Rights Directive. A number of […]