By Euan Dow on 31/07/2007 00:00
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 ...
|
By Daniel Gorry on 26/07/2007 00:00
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 ...
|
By Daniel Gorry on 26/07/2007 00:00
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 ...
|
By Daniel Gorry on 25/07/2007 00:00
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.
|
By Daniel Gorry on 25/07/2007 00:00
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 ...
|
By Daniel Gorry on 24/07/2007 00:00
Application by Unison for a penalty to be imposed on the employer following a breach of regulation 19(1) of the Information and Consultation of Employee Regulations 2004. The breach was admitted. The EAT found that it was a serious breach and fixed the penalty at £55,000.
|
By Daniel Gorry on 23/07/2007 00:00
Was a part-time fee paid tribunal chairman a “worker” within the meaning of the Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000? The EAT, upholding the decision of the Employment Tribunal, held no.
|
By Euan Dow on 22/07/2007 23:00
Part Time Workers - DDA
A police officer was found by the Tribunal to be significantly disadvantaged compared with his peers when carrying out examinations for promotion. Nonetheless, the Tribunal held that he was not disabled within the meaning of the Disability Discrimination Act because that was not a normal day-to-day activity. In so far as he did claim to suffer substantial adverse effects on his ability to carry out what the Tribunal accepted were day-to-day activities, the Tribunal was not satisfied that the eff ...
|
By Daniel Gorry on 17/07/2007 00:00
Equal Pay Act - Material factor defence
Certain employees of the Council claimed equal pay with respect to their chosen comparators. In some cases the claim related to a period before a new job evaluation scheme had been introduced. As part of the implementation of the job evaluation scheme, the employers introduced a protected pay arrangement designed to cushion those in receipt of higher pay when the new scheme was introduced from suffering an immediate and significant drop in pay as a result of the operation of the scheme. The clai ...
|
By Daniel Gorry on 13/07/2007 00:00
Misdirection in law by ET as to employer’s breach of duty to make reasonable adjustments, leading to finding of unlawful disability discrimination and unfair dismissal. Appeal allowed. Case remitted to same ET for reconsideration.
|
| 1 2 3 4 5 6 7 8 9 10 ... |