In Sweetin v Coral Racing, the EAT holds that awards of compensation for a failure to inform and consult about staff transfers under the Transfer of Undertakings (Protection of Employment) Regulations should be penal and not compensatory.
In Hilton UK Hotels Ltd v McNaughton, the EAT holds that the employment tribunal was correct to find that a compromise agreement did not prevent an employee who was excluded from the employer's pension scheme during a period of part-time employment from advancing an equal pay claim.
In Hilton UK Hotels Ltd v McNaughton EAT/0059/04, the Employment Appeal Tribunal held that, where a compromise agreement included the qualification that settled claims would extend only to those that the employee 'believed' that she had at the date of her signature on the agreement, this did not preclude a future claim of which she was unaware at this time.
Sally Logan, associate at Addleshaw Goddard, brings you a comprehensive update on the latest decisions that could affect your organisation, and provides advice on what to do about them.
In Hinton v University of East London, the Court of Appeal holds that the EAT had erred in law in striking out a claim brought under s.47B of the Employment Rights Act 1996 (the right not to be subjected to a detriment for making a protected disclosure) on the basis that it was precluded by a general clause in an agreement which purported to compromise all claims arising under statute, common law or otherwise.