Case report round-up: Bonus no longer linked to productivity constituted indirect discrimination

XpertHR's latest case reports cover:

Equal pay: Bonuses no longer linked to productivity constituted indirect discrimination In Council of the City of Sunderland v Brennan and others [2012] IRLR 507 CA, the Court of Appeal held the employment tribunal had been entitled to find that bonuses paid predominantly to men, and not women, had ceased to relate to productivity and resulted in indirect discrimination. (Personnel Today)
TUPE: Dismissal was connected with transfer despite no transferee being identified at time In Spaceright Europe Ltd v Baillavoine and another [2011] EWCA Civ 1565 CA, the Court of Appeal held that a dismissal by an administrator was “connected with” a relevant transfer, even though the administrator did not have any particular transferee in mind at the time of the dismissal. Further, there could be no ETO reason for dismissal, when the reason was to make the business more attractive to purchasers rather than to facilitate continued trading. (Employment Review)
TUPE: Administration never analogous to bankruptcy In Key2Law (Surrey) LLP v De'Antiquis [2012] IRLR 212 CA, the Court of Appeal held that administration proceedings can never be said to be instituted with a view to the liquidation of the assets of the insolvent business. Consequently, whenever a TUPE transfer of a business in administration occurs, reg.8(7) of the TUPE Regulations 2006 will not apply and any liabilities will transfer to the purchaser of the business. (Employment Review)

Also

Was this article helpful?