Sex Discrimination – Indirect
The Employment Tribunal found that the failure by the union to support certain female members in their claims for equal pay against their employer, and the union’s subsequent treatment of these members once it became known that they were pursuing such claims through the employment tribunal, constituted both indirect sex discrimination and victimisation discrimination. The union appealed against both findings and the EAT upheld the appeals and substituted a finding that there had been no relevant ...
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Dismissal and Bullying: In McAdie v Royal Bank of Scotland, the Court of Appeal considered the fairness of a dismissal where the employee was on a long term stress related sick absence caused by bullying and mismanagement at work. The Court of Appeal held that the fact that the employer had caused the incapacity did not preclude it from fairly dismissing the employee. The real question was whether the employer had acted reasonably 'in all the circumstances' which included the fact that the emplo ...
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Dismissal and Bullying: In McAdie v Royal Bank of Scotland, the Court of Appeal considered the fairness of a dismissal where the employee was on a long term stress related sick absence caused by bullying and mismanagement at work. The Court of Appeal held that the fact that the employer had caused the incapacity did not preclude it from fairly dismissing the employee. The real question was whether the employer had acted reasonably 'in all the circumstances' which included the fact that the emplo ...
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Equal Pay and Comparators: In South Tyneside Council v Anderson & Ors, the Court of Appeal handed down judgment in the last of a group of equal pay claims brought by female support staff in the north-east. The comparators were men employed by the local authority, doing identically rated work for higher earnings but not in schools. The Court of Appeal held that the workers of either sex were subject to 'common terms and conditions of employment' for the purpose of the Equal Pay Act regardless of ...
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Transfer of Undertakings – Transfer
In deciding whether there has been a relevant transfer of an undertaking, the finding of facts by the Employment Tribunal is subject to an overall assessment, which raises a question of law. The approach of Lord Hoffman in Lawson v Serco [2006] ICR 250 para 34 to the role of an Employment Tribunal was applied. The tribunal misdirected itself in holding that there was no stable economic entity capable of being transferred, and in holding that in making this decision it was relevant to know whethe ...
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Equal Pay Act - Out of time
The claimants before the Employment Tribunal alleged that when they were employed by NUPE, that union had breached their rights under the Equal Pay Act in connection with their pension rights. Subsequently, NUPE transferred to Unison by way of a trade union amalgamation. The claimants brought their claims years after the transfer but whilst still employed by Unison. The issue arose whether they had brought them in time within the meaning of s2(4) of the Equal Pay Act. This requires them to bring ...
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ET’s strike out of unfair dismissal, PIDA dismissal and detriment, and breach of contract claims on the basis of lack of jurisdiction or lack of reasonable prospects of success. Approach of ET in dealing with strike out applications in case involving multiplicity of claims and complex factual disputes. Appeals against strike out allowed. Claims reinstated and remitted for determination.
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Employment
These two appeals consider the circumstances in which contracts will be considered illegal so as to preclude an employee from taking claims for unfair dismissal. In Payne the Employment Tribunal found that there was no illegal contract; in Grace that there was. `The EAT upheld the Payne decision and overturned the Grace decision.In Grace the issue also arose as to whether the Tribunal was entitled to conclude that the circumstances were too speculative for it to make any assessment whether dismi ...
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Illegality: In Enfield Technical Services v Payne / Grace V BF Components Ltd, the EAT held that in order to defeat an unfair dismissal claim on grounds of an illegal contract there must be 'some form of misrepresentation [or] some attempt to conceal the true facts of the relationship'. The fact that parties have wrongly labelled the relationship or entered into an agreement which has the effect of depriving the Inland Revenue of tax to which it was entitled to in law is not enough to render the ...
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Time Limits: In Besley v National Grid, the EAT upheld a decision not to accept an unfair dismissal claim which was presented 88 seconds late. The EAT held that it was reasonably practicable for the claim to be presented within time and that time limits are there to be followed.
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