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Sarah Ozanne examines two recent cases on employers’ obligations to inform and consult in redundancy and TUPE situations ‘The court in Susie Radin stated that the tribunal has a wide discretion and should focus on the seriousness of the employer’s failure. Factors to take into account include whether the employer’s failure was deliberate and whether …
Continue reading "Collective Consultation: Awards for failure to engage with employees"
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Charles Wynn-Evans reviews the new edition of Monaghan on Equality Law Monaghan on Equality Law Karon Monaghan 2nd ed, 2013, Oxford University Press £145 ISBN 978 0 19 960323 7 The Equality Act 2010 (the Act) was intended not only to reform and restate domestic anti-discrimination legislation but also to harmonise and, as the White …
Continue reading "Book Review: Equality law past and present"
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In its second ruling on the point in two months, the EAT has decided that post-termination victimisation remains unlawful after all, reports Hannah White ‘The EAT took further courage in its conclusion from the fact that, according to the ECJ in Coote, the UK is obliged under European law to provide protection from victimisation, including …
Continue reading "Victimisation: Back to square one"
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The EAT has revisited the vexed question of whether the Acas Code of Practice applies to dismissals for ‘some other substantial reason’, write Sarah Lamont and James Gutteridge ‘The question of whether a dismissal is caught by the Code is significant when an employment tribunal makes a finding of unfair dismissal and then turns its …
Continue reading "Discipline And Grievance: A substantial issue"
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Emma Williamson looks at why it may not be practical to re-employ a dismissed employee even if this is what they want ‘If a claimant’s evidence indicates mistrust in the respondent (as per Nothman ) or that the claimant’s objective is vindication (as per McBride ), an order will be less likely.’ This article considers …
Continue reading "Unfair Dismissal: The role of trust and confidence in reinstatement and re-engagement"
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