Five things we learnt in employment law this week (16 June)

James Rhodes
James Rhodes – DAC Beachcroft.
  1. The disclosure of an acquittal on a rape charge in a criminal records check did not infringe a job applicant’s human rights (R v Chief Constable of Greater Manchester Police).

2. A tribunal cannot find that a dismissal was procedurally unfair without first establishing what procedure the employer ought to have followed (Express Medicals v O’Donnell).

3. In a service-provision TUPE case, a tribunal must only consider the position immediately before the would-be transfer regardless of whether or not the relevant grouping of staff may have been organised differently in the past (Amaryllis Ltd v MacLeod).

4. A tribunal may order an employee to be reinstated but with the same restricted duties which applied before the dismissal (McBride v Scottish Police Authority).

5. A Police Constable in North Yorkshire has been dismissed for wearing an “I love weed” woolly hat on duty.

James Rhodes is an employment partner at DAC Beachcroft LLP.

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