The Employment Appeal Tribunal has provided guidance on how tribunals should assess protective awards where an employer has breached its obligation to inform and consult on a TUPE transfer.
This week's case of the week, provided by DLA Piper, concerns a school assistant who claimed that she was dismissed for whistleblowing after she went to the press over her treatment for telling parents that their child had been bullied.
David Malamatenios is a partner and Colin Makin, Sandra Martins, Melissa Powys- Rodrigues and Linda Quinn are associates at Colman Coyle Solicitors. They round up the latest rulings.
The Court of Appeal has upheld a decision by the Employment Appeal Tribunal 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.
In Local Government Yorkshire and Humber v Shah EAT/0587/11 & EAT/0026/12, the EAT held that the potential uplift in compensation awarded where an employer unreasonably fails to comply with the "Acas code of practice on disciplinary and grievance procedures" applies only in the case of employees. A worker who was subjected to an unlawful detriment was not entitled to an uplift.
Carly Mather, Lydia Newman and Amy Ross-Sercombe are associates and Amanda Steadman is a professional support lawyer at Addleshaw Goddard LLP. They round up the latest rulings.
Georgina Kyriacou and David Malamentenios are partners and Sandra Martins, Colin Makin and Krishna Santra are associates at Colman Coyle Solicitors. They round up the latest rulings.
This is a rare example, along with Crisp v Iceland Foods Ltd ET/1604478/11 & ET/1600000/12, of an employment tribunal making wide-ranging recommendations to an employer, in this case suggesting that it provide training for its managers and HR team on maternity rights.
A large employer has been fined £5,000 by HM Revenue and Customs (HMRC) and ordered to repay over £30,000 in wages to 40 workers who were underpaid, in a stark reminder to employers to beware of making deductions from wages for a benefit that takes pay below the national minimum wage.