Latest case reports added to HR & Compliance Centre
We provide a round-up of case reports added to HR & Compliance Centre this week, covering: TUPE; sexual orientation discrimination; and compulsory retirement.
- TUPE: Consultation based on employer's genuine, but erroneous, belief as to the legal implications of a transfer is sufficient In Royal Mail Group Ltd v Communication Workers Union EAT/0338/08, the EAT held that, although the employer was mistaken in believing that no employees were to be automatically transferred as a result of a TUPE transfer, the mistake was genuine and did not amount to a breach of the duty to inform and consult, where the employer provided information that accorded with its genuine but mistaken belief. (Employment Review)
- Sexual orientation discrimination: Homophobic taunting of individual known to be heterosexual constitutes harassment on grounds of sexual orientation In English v Thomas Sanderson Blinds [2008] EWCA Civ 1421 CA, the Court of Appeal held that alleged homophobic abuse towards a man who is not gay, and aware that the perpetrators did not believe him to be gay, amounts to harassment on the grounds of sexual orientation. (Employment Review)
- Compulsory retirement age for partners must be objectively justified In Seldon v Clarkson Wright & Jakes EAT/0063/08, the EAT held that maintaining the friendly culture of a law firm by avoiding confrontation with underperforming partners close to retirement was not a legitimate aim that could justify the compulsory retirement of partners at 65. (Personnel Today)
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