Latest case reports added to HR & Compliance Centre

We provide a round-up of case reports added to XpertHR this week, covering: TUPE; age discrimination; contracts of employment; and collective redundancy consultation. 

• TUPE: Transferee not bound by transferor's post-transfer pay agreement In Parkwood Leisure Ltd v Alemo-Herron and others [2010] EWCA Civ 24 CA, the Court of Appeal held that, where the transfer of an undertaking occurs, and the transferring employees' contracts contain a clause referring to a collective agreement between the transferor and the relevant union, the transferee is not obliged to recognise wage increases agreed by the transferor and the union after the transfer has occurred resulting from negotiations to which the transferee was not a party. (Employment Review)
• Age discrimination: Job application must be genuine for complaint of detriment or disadvantage In Keane v Investigo and others EAT/0389/09, the Employment Appeal Tribunal held that an experienced accountant who applied for jobs aimed at recently qualified accountants that she did not genuinely want was unable to complain of having suffered any disadvantage when she was not put forward for them. (Employment Review)
• Contracts of employment: Express variation provision allowed employer to impose new pay arrangements without consent In Bateman and others v Asda Stores Ltd EAT/0221/09, the Employment Appeal Tribunal held that the employer was entitled to change its employees' pay arrangements without their consent because it had reserved a clear contractual right to make unilateral variations to their terms and conditions of employment. (Employment Review)
• Obligation to consult over redundancies may still remain, even with special circumstances In Shanahan Engineering v Unite the union EAT/0411/09, the Employment Appeal Tribunal held that, even where "special circumstances" existed in a collective redundancy situation, the employer was not totally relieved from its obligations to consult with the affected employees. (Personnel Today)

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