Tag Archives: EAT

EAT held that an express summary dismissal clause did not apply to an employee’s minor breach

The recent decision of the EAT in  Robert Bates Wrekin Landscapes Ltd v Knight serves as a reminder to employers that any express contractual provisions for summary termination of employment must be very clearly drafted.  In this case, the EAT … Continue reading

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Post-Employment Victimisation – the case continues…

The issue of whether the Equality Act 2010 (EA 2010) covers post-employment victimisation has recently been reconsidered by the Employment Appeals Tribunal in Onu –v- Akwiwu and another. The EAT held that the natural meaning of the EA 2010 was … Continue reading

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Dismissal following a second disciplinary procedure may be fair in exceptional circumstances

In the recent case of Christou and another-v-London Borough of Haringey the Court of Appeal rejected claims by the two social workers responsible for the safety of Baby P prior to his death in 2007 that they had been unfairly … Continue reading

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When does TUPE apply in an administration scenario?

The recent EAT case of SNR Denton v Kirwan considered whether a service provision change under TUPE had taken place where administrators appointed solicitors to do work previously carried out by the company’s in-house lawyer. Ms Kirwan was the Director … Continue reading

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The Underhill Reforms

In the biggest shake up of employment law in a generation, former president of the EAT, Mr Justice Underhill has completed his review of the tribunal rules. Some of the key recommendations arising out of this wide ranging review comprise: … Continue reading

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“Out of time” equal pay claims can proceed in the High Court

Can claims for equal pay, which would have been out of time if heard by an employment tribunal, still proceed as breach of contract claims in the High Court? Yes, held the Court of Appeal in the recent case of … Continue reading

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Indirect age discrimination justified in cost-based selection procedure for redundancy

Is an employer justified in selecting employees for voluntary redundancy on the basis of who would cost the least to dismiss, even where such a selection would give rise to indirect age discrimination to employees in a particular age group? … Continue reading

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