Employment Law News - 2009    ( June - December  ) www.workrep.co.uk

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An employment tribunal may decide whether a compromise decision is enforcable Industrious Ltd v Horizon Recruitment Ltd & Anor [2009] UKEAT 0478_09_1112	17/12/09
Registrar claiming right to refuse to officiate at civil weddings loses religious discrimination case Ladele v London Borough of Islington [2009] EWCA Civ 1357	17/12/09
UCU sponsors trip of unionist promoting violence against jews and condemned by SA Human Rights Commission for authoring 'hate speech'	16/12/09
Where an employer appeals an employment tribunal decision in a court the claimant will not be at risk of having to pay costs if he loses St Albans Girls' School & Anor v Neary [2009] EWCA Civ 1214	15/12/09
A philosophical belief based on science is protected by the Employment Equality (Religion or Belief) Regulations 2003 Grainger Plc v Nicholson [2009] UKEAT/0219/09/ZT	10/12/09
Christian counsellor who would not help same sex couples was not discriminated against McFarlane v Relate Avon Ltd [2009] UKEAT 0106_09_3011	08/12/09
Under TUPE the obligation to inform always applies, even when no measures are contemplated relating to the transfer Cable Realisations Ltd v GMB Northern [2009] UKEAT 0538_08_2910	08/12/09
The Court of Appeal rules on Harassment and 'Oppressive and Unacceptable' behaviour Veakins v Kier Islington Ltd [2009] EWCA Civ 1288	07/12/09
For s4A(3) of the DDA to apply the employer must have known (or ought to have known) that the employee was disabled DWP v Alam [2009] UKEAT 0242_09_0911	05/12/09
A discrimination case may not proceed on the mere possibility that evidence might emerge during cross examination ABN Amro Management Services v Hogben [2009] UKEAT 0266_09_0111	29/11/09
In cases of discriminatory dismissal tribunals may reduce compensation if the worker would in any event have been dismissed Chagger v Abbey National Plc & Anor [2009] EWCA Civ 1202	21/11/09
Review of sanctions application: the judge does not have to expressly consider each factor set out in CPR 3.9 St Albans Girls School & Anor v Neary [2009] EWCA Civ 1190	19/11/09
It is possible to claim unfair dismissal abroad even if the workplace is registered outside the UK Diggins v Condor Marine Crewing Services Ltd [2009] EWCA Civ 1133	19/11/09
A protected disclosure involves the disclosure of information not just the making of allegations or stating one's position Cavendish Munro Risks Management Ltd v. Geduld [2009] UKEAT 0195_09_0608	13/11/09
The DDA does not extend to protecting volunteers X v Mid Sussex Citizens Advice Bureau & Anor [2009] UKEAT 0220_08_3010	09/11/09
An employment tribunal may decide on the proportionality of a discriminatory act even when agreed by the employer with a union. Pulham v London Borough of Barking EAT 2009	05/11/09
A Protective Costs Order (PCO)in the Court of Appeal is only available in public litigation, not for employees seeking personal benefit Eweida v British Airways Plc [2009] EWCA Civ 1025	28/10/09
The state must not discriminate against female employees who are soldiers with childcare responsibilities. Ministry of Defence v. Debique [2009] UKEAT 0048_09_1210	22/10/09
In equal pay claims the determining pay by way of length of service may be challenged Wilson v Health and Safety Executive [2009] EWCA Civ 1074	22/10/09
Autoklenz 'Subcontractors' were employees - the contractual substitution clause was just 'window dressing' Autoclenz Ltd v Belcher & Ors [2009] EWCA Civ 1046	14/10/09
Retirement age remains at 65 years: High Court calls for the Government to change the law Heyday v UK Government - HC [2009]	25/09/09
ECJ rules holiday entitlement must not be lost through illness Pereda v Madrid Movilidad SA - ECJ [2009] C-277/08	16/09/09
Redundancies - ECJ rules that consultations do not need to begin until the parent company decides which subsidiary will be affected Akavan Erityisalojen Keskusliitto AEK ry and Others v Fujitsu Siemens Computers Oy - ECJ [2009] Case C-44/08	10/09/09
Lies result in costs awards(breaching confidentiality in a compromise agreement) Dunedin Housing Association Ltd v. Donaldson - UKEAT [2009] 0014_09_0807	01/09/09
Failure to fully exhaust statutory dispute resolution procedures means a claimant is barred from seeking redress in the courts Booth v Oldham MBC [2009] EWCA Civ 880	28/08/09
Employers can not hide behind 'substantial equivalence' arguments to justify post TUPE contract changes TAPERE v SOUTH LONDON AND MAUDSLEY NHS TRUST - [2009] UKEAT 0410_08_1908	24/08/09
Contract was ultra vires but employee still able to pursue unfair dismissal claim under ERA 96 Shrewsbury & Telford Hospital NHS Trust v Lairikyengbam [2009] UKEAT 0499_08_2108	22/08/09
Failure to appoint owing to ethnic origins was discriminatory - health and safety (HASWA) defence (using s.41 RRA) to Race and Sex Discrimination rejected Amnesty International v Ahmed - [2009] UKEAT 0447_08_1308	14/08/09
Human Rights Legislation Fails To Protect Unions Against TULCRA - Employers must be informed promply of strike ballot results METROBUS LIMITED v UNITE [2009] EWCA Civ 829	06/08/09
Right to legal representation at internal disciplinary hearings under Article 6 of the European Convention on Human Rights Kulkarni v Milton Keynes Hospital NHS Trust [2009] EWCA Civ 789	24/07/09
Unofficial industrial action can justify a fair conduct dismissal (not protected by EU and Human Rights law) SANDHU v GATE GOURMET LONDON LTD - UKEAT 0264/08/RN	17/07/09
Claims for Equal Pay up to the date of a transfer must be brought within 6 months of the transfer Post transfer claims have 6 years (or 6 months after termination) Gutridge v Sodexo - [2009] EWCA Civ 729	16/07/09
Equal value claims under section 1 Equal Pay Act 1970 during job evaluation scheme implementation will not be automatically successful Hovell v St Peters NHS Trust - CA 2009	12/07/09
A failure to consider adjustments under the DDA 1995 meant that the dismissal was discriminatory Fareham College v Walters – EAT 2009	10/07/09
House of Lords overturns previous court rulings as to when a disability is 'likely' to recur – threshold now lower SCA Packaging Limited v Boyle [2009] UKHL 37	09/07/09
An ongoing difficulty in doing everyday activities (independantly of when this occurs)indicates the existence of disability Chief Constable of Dumfries & Galloway v Adams [2009] UKEAT 0046_08_0304	06/07/09
Pre-contractual negotiations can not be used as evidence for the meaning of a contract Chartbrook Ltd v Persimmon Homes Ltd & Ors [2009] UKHL 38	06/07/09
An employment tribunal needs to first identify loss suffered by the employee at the time of dismissal before estimating compensation Saunders v OCS Group Ltd [2009] UKEAT 0051_09_2805	02/07/09
Major EAT boost to TUPE service provision change protections – A “common sense and pragmatic approach is required” Metropolitan Resources v Cambridge EAT 2009	30/06/09
Former employee sued (Unsuccessfully)for fudging medical history Cheltenham BC v Christine Laird – High Court QBD – 2009	29/06/09
Constructively dismissed can claim notice pay without needing to offset against income from new job Peters Ltd v Bell EAT [2009]	27/06/09
Redundancy was a sham in response to protected disclosures El-Megrisi v Azad University - UKEAT - [2009]	27/06/09
When deciding compensation the ET was entitled to speculate on the future losses of the claimant. Islam Channel Ltd v Ridley [2009] UKEAT - [2009]	26/06/09
Apprentice was discriminated against when his employers ignored experience gained prior to 18 years of age Hutter v Technische Universität Graz - Case C-88/08 3rd Div ECJ 2009 - [2009]	21/06/09
Non-payment of a tribunal award was basis of claim for post decision victimisation claim Rank Nemo Ltd & Ors v Coutinho - [2009] EWCA Civ 454	20/06/09
With reinstatement orders, the claimant's behaviour must be taken into account by the ET Central & NW London NHS Trust v Abimbola - EAT 2009	19/06/09
Post decision vexatious behaviour lost the claimant his compensation Aryeetey v Tuntum Housing Association [2009] EAT	18/06/09
Workers may claim for unpaid holiday not only under regulations 13,14 and 16 of the Working Time Regulations (WTR) but also as unauthorised deductions of pay   -     HMRC v Stringer and others - HoL 2009	10/06/09
'Illogical' to only award costs for counsel but not solicitor after warning to respondent about 'hopeless' strikeout attempt   -     HARROGATE NHS TRUST v MOCKFORD - EAT 2009	10/06/09
Equal Pay - New comparators constitute the addition of a new cause of action; they vary (not end) contracts   -     Potter v N.Cumbria NHS TRUST - EAT 2009	02/06/09
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