The Supreme Court has referred to the European Court of Justice the question of whether or not the TUPE Regulations should be given a "dynamic" interpretation, in the context of a dispute over a transferee's failure to honour the terms of a pay increase made under a collective agreement that was incorporated into the contracts of employment before the transfer.
The Employment Appeal Tribunal has held that it is the transferee, rather than the Secretary of State, that is liable to pay the unfair dismissal basic award and notice of an employee who is dismissed after a "pre-pack" administration and TUPE transfer of the business as a going concern.
The Employment Appeal Tribunal has held that, where there are multiple respondents and particular loss cannot be attributed to one party, employment tribunals must award compensation on a joint and several liability basis, meaning that the claimant can claim the entire amount from any respondent.
The Court of Appeal has held that the summary dismissal of Sharon Shoesmith, during the fallout from the death of "Baby P", was unlawful. In finding that she was entitled to a decision on her judicial review application, the Court held that her alternative employment tribunal remedy was not "equally convenient and effective".
Claire Benson is managing associate and Helen Corbett, Sinead Jones, Helen Ward and Tori O'Neil are associates at Addleshaw Goddard LLP. They round up the latest rulings.
The Court of Appeal has held that the employment tribunal was wrong to assess compensation for a banker who was unfairly dismissed and suffered race discrimination on the basis that he would be unlikely to find an equivalent job again.
An adequate investigation and a fair system of warnings are key to the successful defence of an unfair dismissal claim related to misconduct, as this case shows.
The Supreme Court has overturned the long-standing rule that expert witnesses are immune from liability for damages to parties that have engaged them and to which they owe a duty of care, in a road-traffic accident decision that could have an impact on employment cases.