Latest case reports added to HR & Compliance Centre

We provide a round-up of case reports added to HR & Compliance Centre this week, covering: equal pay; TUPE; and redundancy.

Redundancy: Employer was entitled to determine narrow pool for redundancy selection In Lomond Motors Ltd v Clark EATS/0019/09, the EAT held that an employment tribunal had erred in finding a dismissal unfair on the grounds that the redundancy selection pool had been incorrectly drawn. The tribunal had substituted its own view for that of a reasonable employer. The tribunal had further erred in its assessment of compensation. (Employment Review)
TUPE: Requirement to move to location outside scope of mobility clause in original contract was fundamental breach of contract In Tapere v South London and Maudsley NHS Trust EAT/0410/08, the EAT held that, in requiring a transferred employee to move to a location outside the scope of the mobility clause in her original contract of employment with the transferor, the transferee had acted in fundamental breach of contract. The employee’s subsequent resignation therefore amounted to a constructive dismissal. Further, the transferee’s attempt to move her place of work amounted to a substantial change in her working conditions to her material detriment. She was, therefore, also entitled to be treated as having been dismissed under reg.4(9) of the TUPE Regulations. (Employment Review)
Equal pay: Rule in Teachers' Pension Scheme excluding retired teachers who return to part-time work potentially indirectly discriminatory In Somerset County Council and another v Pike [2009] IRLR 870 CA, the Court of Appeal held that a pension scheme that excluded part-time work done by employees already in receipt of a pension was potentially discriminatory because it had a disproportionate impact on women. The Court of Appeal ruled that, in assessing whether or not there has been indirect discrimination, the relevant pool for comparison must exclude those who have no interest in the effect of the practice under challenge - in this case employees not yet in receipt of their pension. (Employment Review)
Pay based on length of service can be deemed discriminatory In Wilson v Health and Safety Executive [2009] EWCA Civ 1074 CA, the Court of Appeal considered when employment tribunals can set aside the general rule that the use of length of service to set pay levels does not have to be objectively justified in order to defeat an equal pay claim. (Personnel Today)

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Latest case reports added to HR & Compliance Centre