Five things we learnt in employment law this week (22 September 2016)
An Employment Tribunal urging a claimant to focus on whether his claims had any prospect of success did not necessarily give rise to a view … Read More
An Employment Tribunal urging a claimant to focus on whether his claims had any prospect of success did not necessarily give rise to a view … Read More
The Employment Appeal Tribunal has confirmed that the privilege which applies to protected conversations cannot be waived and extends not only to the content of … Read More
There was no service provision change under TUPE when a subsidised bus service was cancelled and replaced by an arm’s-length commercial service (CT Plus (Yorkshire) … Read More
Vexatious job applicants are not protected by European discrimination legislation (Kratzer v R+V Allgemeine Versicherung AG). 2. An ET should not strike out a defence unless … Read More
The employment tribunal sifting procedure is unlawful to the extent that it requires a judge to reject a claim without a hearing (Trustees of … Read More
Agency workers can claim whistleblowing protection against end-users under s43K Employment Rights Act 1996 (McTigue v University Hospital Bristol NHS FT) 2. It is open … Read More
An ET was wrong to strike out an unfair dismissal and disability claim without hearing evidence, in spite of the claimant’s admission of the misconduct … Read More
A Muslim woman, dismissed for wearing an Islamic headscarf, was directly discriminated against (AG’s opinion in Bougnaoui and anor v Micropole SA). 2. The ECJ … Read More
When considering a dismissal because of an irreparable breakdown in relationships, the employee must first be given an opportunity to demonstrate in practice that s/he … Read More
1. A claimant cannot rely on the existence of pre-termination negotiations (under s111A ERA) in support of an unfair dismissal claim (Faithorn Farrell Timms LLP … Read More