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2nd March 2012

Illegal Employee cannot bring an Employment Tribunal Claim

In Zarkasi v Anandita and another UKEAT/0400/11 the EAT has held that a worker cannot enforce employment rights dependent on a contract of employment if the contract was illegal from the outset.  The Claimant had fraudulently entered the UK from Jakarta using a false identity.  When she left her…
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2nd March 2012

An example of an ETO reason under TUPE

In Meter U Ltd v Hardy & Others UKEAT/0207/11 the Respondent who dismissed the transferring employees and replaced them with limited company franchisees has successfully argued an ETO (economic, technical or organisational) reason and the EAT agreed that the dismissals were therefore potentially…
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2nd March 2012

Associative Discrimination for Non-Pregnant Mothers?

In Kulikauskas v Macduff Shellfish and another C-D v S-T ET/2505033/11 the Court of Session has referred a discrimination issue to the Court of Justice of the European Union, namely whether, under EU law, a woman who becomes a mother by way of a surrogacy arrangement should be entitled to paid…
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9th March 2012

Substantial Change in Job Location is Detriment under TUPE

In Abellio London Ltd (Formerly Travel London Ltd) v Musse and others UKEAT/0283/11 and 0631/11 the Claimants were 5 bus drivers who claimed that a relocation of just six miles of their bus depot from North to South London which resulted from a TUPE transfer of their employment contracts was a…
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9th March 2012

Can you have a Redundancy Selection Pool of One? Part 2.

In Halpin v Sandpiper Books Ltd UKEAT/0171/11 EAT has upheld a tribunal's decision that it was not unfair for an employer to use a selection pool of just one employee where it was ceasing its operations in China and the Claimant was in a “unique position dealing solely with sales and based in…
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16th March 2012

Manager's claim that employee "played the race card" is discrimination

In Royal Bank of Scotland plc v Morris UKEAT/0436/10 an assumption by the claimant's manager that he would be "playing the race card" in his appeal against dismissal was held by the EAT to amount to direct discrimination as the manager's attitude was demeaning and based on stereotype. Accordingly…
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16th March 2012

Changing a fixed term contract to a permanent employment relationship

In Huet v Université de Bretagne occidentale C-251/11 the ECJ has held that although member states are not obliged to require that the principal terms of the fixed-term and permanent contracts be identical when provisioning for their conversion, they must ensure that, where an employee's functions…
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16th March 2012

Estoppel and Abuse of Process

The Court of Appeal has handed down its decision in Bon Groundwork Ltd v. Foster [2012] EWCA Civ 252 that a claimant is permitted to bring a second set of proceedings for redundancy even though he had brought them previously, since the first claim for redundancy had been brought erroneously (the…
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16th March 2012

Call for Evidence on Dismissal Rules

The government is consulting with businesses regarding the current rules surrounding dismissal, in an attempt to discover whether employers understand the ACAS Code and whether no-fault dismissals should be introduced for businesses with less than 10 employees.  See the press release: …
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16th March 2012

Costs award upheld

The EAT has upheld a decision by the Employment Tribunal (in Growcott v. Glaze Auto Parts Ltd UKEAT/0419/11/SM) to make a costs award in favour of the employer when the claimant’s claim for unfair dismissal and her appeal both failed.  The claimant’s appeal against the Tribunal’s decision…
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28th March 2012

London (East) Employment Tribunal Postpone All Hearings to the End of the Financial Year

Mr Daniel Barnett, barrister, reported last week that the London (East) Employment Tribunal is currently experiencing major difficulties with hearing cases due to a lack of judicial resources. It appears that parties with cases due to be heard at the London (East) Tribunal within the next couple of…
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