Employment Law News - 2012

( January - June )

www.workrep.co.uk


	Home
Vicarious liability depends on how close a connection between the wrongful act and the employment is Weddall v Barchester Healthcare Ltd [2012] EWCA Civ 25 & Wallbank v Wallbank Fox Designs Limited	18/05/2012
Vicarious liability for sex discrimination in police force Commissioner of Police of The Metropolis v Weeks (Sex Discrimination : Vicarious liability) [2011] UKEAT 0130_11_2211	18/05/2012
Article 7 of the Working Time Directive (right to 4 weeks’ annual leave) has direct effect Maribel Dominguez v Centre informatique du Centre Ouest Atlantique [2012] Case C-282/10	17/05/2012
A Scottish employment tribunal could not order disclosure outside the UK for a claimant in an unfair dismissal case Weatherford UK Ltd v Forbes (Practice and Procedure : Case Management) [2011] UKEAT 0038_11_2012	17/05/2012
A fixed share partner in a legal firm was not an employee and therefore had no right to claim unfair dismissal Tiffin v Lester Aldridge LLP [2012] EWCA Civ 35	16/05/2012
Court of Appeal refuses to allow sex orientation discrimination on grounds of religious belief BULL & BULL v. HALL & PREDDY [2012] EWCA Civ 83	16/05/2012
High Court grants a 'springboard' final relief injunction restraining former employees from exploiting breaches of fiduciary duty and an employee's duty of fidelity when competing with the ex-employer QBE Management Services (UK) Ltd v Dymoke & Ors [2012] EWHC 80 (QB)	15/05/2012
An employee working but not living abroad could bring an employment tribunal claim that his redundancy was really unfair dismissal Ravat v Halliburton Manufacturing and Services Ltd (Rev 1) [2012] UKSC 1	14/05/2012
In alleged breach of a non solicitation clause the burden of proof is on the employer Towry EJ Ltd v Bennett & Ors [2012] EWHC 224 (QB)	09/05/2012
In unfair dismissal, disability and sex discrimination case, refusing a fair settlement offer meant chain of causation broken and future loss compensation affected Konczak v BAE Systems (Operations) Ltd (Practice and Procedure : Compromise) [2012] UKEAT 0498_11_0305	08/05/2012
Nurses who restrained an abusive alzheimers patient were unfairly dismissed Crawford & Anor v Suffolk Mental Health Partnership NHS Trust [2012] EWCA Civ 138	05/05/2012
TUPE applies where employees are organised to provide services to a client rather than when only acting as shift workers Eddie Stobart Ltd v Foerman & Ors (Transfer of Undertakings : Service Provision Change) [2012] UKEAT 0223_11_1702	03/05/2012
A Lap dancer was not self-employed but an employee and may claim unfair dismissal Quashie v Stringfellows Restaurants Ltd [2012] UKEAT 0289_11_2604	03/05/2012
contractual confidentiality clause no substitute for restrictive covenant Caterpillar Logistics Services (UK) Ltd v de Crean [2012] EWCA Civ 156	01/05/2012
An illegal contract of employment willingly entered into deprives a worker of all statutory rights such as unfair dismissal and race discrimination Zarkasi v Anindita & Anor [2012] UKEAT 0400_11_1801	01/05/2012
'Subjectivity' does not necessarily mean unfair dismissal in selection for redundancy Samsung Electronics (UK) Ltd v Monte-D’Cruz [2012] UKEAT 0039_11_0103	01/05/2012
EAT allows franchise agreements to overturn ET decisions of unfair dismissal into 'redundancy' Meter U LTD v Hardy & Ors (Transfer of Undertakings : Economic technical or organisational reason) [2012] UKEAT 0207_11_2802	30/04/2012
In rejecting a claim for unfair dismissal the EAT ruled that a pool of one for redundancy can be a fair reason for dismissal Halpin v Sandpiper Books Ltd (Unfair Dismissal : Reasonableness of dismissal) [2012] UKEAT 0171_11_0602	30/04/2012
Changing where the employees' worked on a TUPE transfer was a constructive and automatically unfair dismissal Abellio London Ltd v Musse & Ors (Transfer of Undertakings : automatically unfair dismissal) [2012] UKEAT 0283_11_1201	28/04/2012
Stay lifted for ET and High Court overlapping claims for unfair dismissal, automatic unfair dismissal (protected disclosures) & holiday pay under the Working Time Regulations Halstead v Paymentshield Group Holdings Ltd [2012] EWCA Civ 524	27/04/2012
Unfair dismissal of a spouse is not considered unlawful discrimination on the grounds of marital status Hawkins v Atex Group Ltd & Ors (Sex Discrimination : Marital status) [2011] UKEAT 0302_11_1303	26/04/2012
It is unlawful sex discrimination to discriminate or otherwise harass or victimise someone because of marital status Dunn v The Institute of Cemetery and Crematorium Management (Sex Discrimination : Marital status) (Rev 1) [2011] UKEAT 0531_10_0212	26/04/2012
With Direct Age Discrimination justification the aim must be legitimate, appropriate and necessary with regard to the particular work situation Seldon v Clarkson Wright and Jakes (A Partnership) [2012] UKSC 16 On appeal from: [2010] EWCA Civ 899	25/04/2012
Implementing new training requirements which ruled out the possibility of promotion before retirement was indirect age discrimination Homer v Chief Constable of West Yorkshire Police [2012] UKSC 15 On appeal from: [2010] EWCA Civ 419	25/04/2012
There is no right of disclosure of a candidate's file in a discrimination case (here about race and sex discrimination) Meister v Speech Design Carrier Systems GmbH CJEU Case C-415/10(application from Bundesarbeitsgericht (Germany))	23/04/2012
ET which awarded large costs against a claimant in a failed race discrimination and victimization case must think again Doyle v North West London Hospitals NHS Trust [2012] UKEAT 0271_11_2004	23/04/2012
Age discrimination can be justified on the grounds of cost if it is a 'proportionate means of achieving a legitimate aim' Woodcock v Cumbria Primary Care Trust [2012] EWCA Civ 330	22/04/2012
Employers must begin collective redundancy consultations with the workers' representatives early The United States of America v Christine Nolan Case C-583/10	20/04/2012
A concession or withdrawal by a Claimant must be 'clear, unequivocal and unambiguous'. Segor v Goodrich Actuation Systems Ltd (Practice and Procedure : Withdrawal) [2012] UKEAT 0145_11_1002	20/04/2012
TUPE does not apply when a service is conducted in an altogether different manner following a changeover. Johnson Controls Ltd v Campbell & Anor (Transfer of Undertakings : Service Provision Change) [2012] UKEAT 0041_12_1402	19/04/2012
The reversed burden of proof in discrimination cases Dziedziak v Future Electronics Ltd (Sex Discrimination) [2012] UKEAT 0270_11_2802	17/04/2012
A TUPE transfer needs the employee's consent Gabriel v Peninsula Business Services Ltd & Anor [2012] UKEAT 0190_11_2302	17/04/2012
Right to Request Deferment of Retirement R & R Plant (Peterborough) Ltd v Bailey [2012] EWCA Civ 410	13/04/2012
The date that an employee resigns is to be taken as the effective date of termination (EDT) Horwood v Lincolnshire County Council [2012] UKEAT 0462_11_0304	13/04/2012
Ignoring costs warning letters can be taken as unreasonable conduct Peat & Ors v Birmingham City Council (Practice and Procedure : Costs) [2012] UKEAT 0503_11_1004	12/04/2012
TUPE guidance, and Regulation 4 Argyll Coastal Services Ltd v Stirling & Ors TUPE [2012] UKEAT 0012_11_1502	05/04/2012
An employee who holds confidential information about a competitor that he hopes to work for does not need to inform his existing employer. To do so would mean being in breach of confidence to the new employer. Customer Systems Plc v Ranson & Ors [2011] EWHC 3304 (QB)	26/01/12





© 2012 WorkRep