Tag Archives: unfair dismissal

Extending Rights to Workers and Employees on Zero Hours Contracts – Employers Take Note

We previously reported on the ban on exclusivity clauses in zero hours contracts, which was introduced by the Small Business, Enterprise and Employment Act 2015 and came into force in May 2015. In such contracts, any provision which prohibits the worker … Continue reading

Posted in Devonshires | Tagged , , , , | Leave a comment

The Identity of the Employer must change for TUPE to apply in corporate restructuring

At the heart of Regulation 3(1) of the Transfer of Undertaking (Protection of Employment) Regulations 2006 (TUPE) is the principle that to qualify as a business transfer, the identity of the employer must change. For instance, TUPE does not apply to … Continue reading

Posted in Devonshires | Tagged , , , , | Leave a comment

Reinstatement after an Unfair Dismissal

Where a Tribunal upholds a complaint of unfair dismissal it is able to make an order for reinstatement or re-engagement of the Claimant employee. In practice, orders for re-instatement or re-engagement are very unusual and are made in less than … Continue reading

Posted in Devonshires, employment, employment law, UK employment | Tagged | Leave a comment

Equality Act 2010 does not cover post-employment victimisation

In Rowstock Ltd –v Jessemey, the Employment Appeals Tribunal (EAT) has held that the Equality Act 2010 does not provide protection against post-employment victimisation, which is expressly excluded from provisions of the Act. This case follows a decision to the … Continue reading

Posted in Devonshires, employment | Tagged , , , , | 3 Comments

The use of capability tests in redundancy selection – time to reflect?

In Mental Health Care (UK) Ltd –v- Biluan and another, the EAT has held that the employer acted unreasonably when it used a series of competency tests normally used for recruitment to select employees for redundancy. The Claimants were employed … Continue reading

Posted in Devonshires, employment | Tagged , | Leave a comment

Equal Pay Claims – limitation extended to 6 years from termination of employment

The landmark ruling in Birmingham City Council –v- Abdulla and others has confirmed that equal pay claims that would usually be out of time if brought in the employment tribunal can proceed as a breach of contract in the High … Continue reading

Posted in Devonshires | Tagged , , , | Leave a comment

Employee share ownership – an incentive or a risk?

The Government recently announced plans to introduce new ‘owner-employee’ contracts enabling employees to obtain shares in their employer in exchange for waiving their employment rights such as unfair dismissal, flexible working and redundancy.  Under the new contracts, employees would be … Continue reading

Posted in Devonshires | Tagged , | Leave a comment