Employment Law News - 2009

( January - May )

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Constructive unfair dismissal claim valid even where only some of the claimant's complaints in grievance
Parsons v Burworth Estates - EAT 2009
29/05/2009

Pyrric Victories - half of workers fail to receive their employment tribunal awards
20/05/2009

Not Awarding Costs Over False Allegations Was 'Perverse'
Daleside Nursing Home v Mathew - EAT 2009
19/05/2009

Constructive Dismissal:- 1) An Employer's Breach Of Contract Can Be Repaired 2) 'Reasonable Range' Rule Does Not Apply
Buckland v Bournemouth University - EAT 2009
16/05/2009

Redundancy - Length of service may be taken into account
ROLLS-ROYCE PLC v UNITE UNION - CA 2009
15/05/2009

Tribunals Have Discretion Regarding Time Extensions For Originating Applications (ET1)
Carter v London Underground Limited EAT 2009
14/05/2009

Blacklisting of Workers To Be Outlawed
11/05/2009

Disability and avoidance of adjustments at interview - Limits of employer's 'ignorance' plea defined - EAT 2009
Eastern v Grey - EAT 2009
09/05/2009

The Court of Appeal's unreasonable affinity for the 'Range of Reasonable Responses'
London Ambulance v Small [2009]
04/05/2009

Employment tribunals will first consider whether the case is in time.
Farr v Ryefell Ltd - EAT - [2009]
20/04/09

Starting off on the wrong foot - those little details
Chowles v West - EAT 2008
30/03/2009

Absence of dismissal warning in Step 1 email was automatically unfair
Zimmer v Brezan - EAT 2008
29/03/2009

Council fails in GMF defence to equal pay claims
COVENTRY CITY COUNCIL v NICHOLLS - EAT 2009
15/03/2009

Novacold Overuled, Malcolm Confirmed; Comparator test in discrimination cases Is now higher
Stockton Council v Aylott
12/03/2009

Forcible Retirement
National Council on Ageing (Age Concern England v. Secretary of State for Business (Heyday) - ECJ Case C-388/07 2009
05/03/09

The tribunal must not elaborate when answering questions put by the EAT (Burns-Barke procedure)
WOODHOUSE SCHOOL v WEBSTER - [2009] EWCA Civ 91
01/03/2009

Sham Contracts
Protectacoat Firthglow Ltd v Szilagyi - CA 2009
26/02/09

EAT Guidance For Harassment Cases
RICHMOND v DHALIWAL 2009
14/02/09

Dismissal for proselytising not unfair or discriminatory
Chondol v LCC - EAT 2009
13/02/09

When does the clock start ticking in a disability discrimination case?
Matuszowicz v Kingston CC - CA 2009
11/02/09

Collective agreements negotiated after a transfer still bind the transferee
Alemo-Herron v Parkwood Ltd EAT 2009
01/02/09

Tribunals should “give reasons which are candid, intelligible, transparent and coherent”
CLARK v CLARK CONSTRUCTION - 2008
06/01/2009

Agency workers are to receive the same pay and conditions as permanent staff
05/01/09


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