Employment Law News - 2010

( July - December )

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A distinction is made between treatment on the grounds of a person's beliefs and on the grounds of the manifestation of those beliefs Power v. Greater Manchester Police Authority [2010] UKEAT 0087_10_0810	23/12/10
The effective date of termination does not change just because the employee has been allowed to leave early Wedgewood v Minstergate Hull Ltd [2010] UKEAT 0137_10_1307	17/12/10
Under the National Minimum Wage Act and Regulations workers may only claim for hours they are awake for the purpose of working South Manchester Abbeyfield Society Ltd v Hopkins & Anor [2010] UKEAT 0079_10_3011	16/12/10

When less favourable treatment amounting to a detriment follows a protected disclosure the employer must prove it was "in no sense whatsoever on the ground of the protected disclosure" Fecitt & Ors v. NHS Manchester [2010] UKEAT 0150_10_2311	13/12/10
Establishing a contract of service and thence unfair dismissal remains a tall order for an agency worker Tilson v Alstom Transport [2010] EWCA Civ 1308	12/12/10
The duty of fidelity and fiduciary obligations must remain separate and are in any case not imposed on employees; fidelity does not extend to reporting one's own or fellow employees' misconduct Lonmar Global Risks Limited v West and Others [2010] EWHC 2878 (QB)	07/12/10
Employers don't need to justify age discriminatory behaviour in terms of "legitimate social policy objectives" Seldon v. Clarkson Wright & Jakes [2010] Court of Appeal A2/2009/0149	6/12/10
Those seeking to profit out of the discrimination legislation will face costs Berry v. Recruitment Revolution [2010] UKEAT 0190_10_0610	4/12/10

Court of Appeal re-interprets clause of BA contract to avoid 'disastrous' consequences for the firm (the employees must work harder and more stressful shifts) Malone & Ors v British Airways Plc [2010] EWCA Civ 1225	30/11/10
EAT questions 'cost plus' approach to justification in discrimination Woodcock v Cumbria Primary Care Trust [2010] UKEAT 0489_09_1211	25/11/10
Workers whose employment contract was made with a company that did not actually employ them are still entitled to TUPE protections upon transfer. The "Transferor" is the company in the group that they actually worked for. Albron Catering BV v FNV Bondgenoten C-242/09	24/11/10
Being incorrectly summarily dismissed for misconduct still amounted to a fair but wrongful dismissal Weston Recovery Services v Fisher [2010] UKEAT 0062_10_0710	23/11/10
Not unfair dismissal despite having occurred during the protected consultation period contrary to s. 188 TULRCA s.188(8) Hammonds LLP & Ors v Mwitta [2010] UKEAT 0026_10_0110	16/11/10
The Court of Appeal refers the timing of worker consultation under TUPE to the ECJ United States of America v Nolan [2010] EWCA Civ 1223	12/11/10
In a redundancy situation the employee must have his scoring explained and his comments seriously considered Pinewood Repro Ltd v. Page [2010] UKEAT 0028_10_1310	10/11/10
The effective date of termination is not necessarily when a letter is received, but when it can reasonably be expected to have been read Gisda Cyf v Barratt [2010] UKSC 41	14/10/10
For unfair dismissal length of service purposes, working under a different contract did not break continuity of employment Hussain v Acorn Independent College Ltd [2010] UKEAT 0199_10_0809	05/10/10
The previous employer will be liable for victimsing his worker through a reference to a prospective employer Bullimore v Pothecary Witham Weld Solicitors & Anor [2010] UKEAT 0189_10_2109	27/09/10
An employer's allegations must be spelled out. Euphemistic speech is not acceptable when disciplining or dismissing workers. Celebi v Scolarest Compass Group UK & Ireland Ltd [2010] UKEAT 0032_10_2807	24/09/10
Table listing the changes to UK discrimination legislation being introduced by the Equality Act 2010	05/09/10
ET is allowed flexibility in deciding whether the burden of proof has shifted Canadian Imperial Bank of Commerce v. A Beck [2010] UKEAT 0141_10_2408	02/09/10
The employer's ability to pay is irrelevant Tao Herbs & Acupuncture Ltd v Jin [2010] UKEAT	31/08/10
An absolute contractual right of substitution undermines the possibility of worker status Community Dental Centres Ltd v. Sultan- Darmon [2010] UKEAT 0532_09_1208	16/08/10
Pension loss: "simplified" and "substantial" compensatory approaches Sibbit v The Governors of St Cuthbert's Catholic Primary School [2010] UKEAT 0070/10/ZT	01/08/10
TUPE: Failure to consult doesn't give an individual the right to claim unfair dismissal Nationwide Building Society v. Benn & Ors [2010] UKEAT 0273_09_2707	30/07/10
Limits on Redundancy Payments affecting older workers are not Age Discrimination Kraft Foods UK Ltd v. Hastie [2010] UKEAT 0024_10_0607	16/07/10
Employees must be informed of changes to collective agreement terms Worrall v Wilmott Dixon Partnership [2010] UKEAT/0521/09/DM	14/07/10
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