Ignorance is a defence?
Docherty and another Ignorance is a defence? InDocherty & Another v S W Global Resourcing Ltd,the Scottish Court of Appeal (the Court of Session) considered whether, given an employer’s ignorance of the legal effect of its actions, the dismissal of employees had been fair. There are five potentially fair reasons for dismissal: conduct, capability, redundancy, […]
The Queen’s Speech 2013
The Queen’s Speech was delivered on 8 May 2013 and set out to the government’s plans to make changes which have implications for employment law. Among the plans are changes relating to National Insurance contributions, immigrant workers and the Employment Tribunal’s power to make wider recommendations in discrimination claims under the Equality Act 2010. The […]
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 […]
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 […]
