Latest case reports added to HR & Compliance Centre
We provide a round-up of case reports added to HR & Compliance Centre this week, covering: disciplinary hearings; equal pay; and the effective date of termination of employment.
- Disciplinary hearings: Teaching assistant had right to legal representation In R (on the application of G) v Governors of X School and Y City Council [2009] IRLR 434 HC, the High Court held that a teaching assistant faced with disciplinary proceedings that could have led to an indefinite prohibition against working with children was entitled to legal representation under art.6 of the European Convention on Human Rights. (Employment Review)
- Equal pay: Step-one equal pay grievance does not require identification of comparators In Suffolk Mental Health Partnership NHS Trust v Hurst and others; Sandwell Metropolitan Borough Council and others v Arnold and others [2009] IRLR 452 CA, the Court of Appeal held that, in order to comply with step one of the statutory grievance procedure, it is sufficient for an employee to inform her employer that her grievance relates to equal pay. Further detail, such as identification of comparators, is not required. (Employment Review)
- Effective date of termination: Employment terminated on date employee's pay ceased In Kirklees Metropolitan Council v Radecki [2009] IRLR 555 CA, the Court of Appeal held that the contract of an employee with whom the employer was negotiating a compromise agreement terminated on the date that the employer stopped paying the employee, even though at that point the draft agreement had not been executed by the parties. (Employment Review)
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