This tribunal decision provides a stark reminder to employers of the information on agency workers that they have been required to produce during redundancy and TUPE consultations since amendments to legislation made on 1 October 2011.
The employment tribunal held that the claimant was unfairly dismissed for allegedly breaching the employer's policy prohibiting smoking in company vehicles.
This week's case of the week, provided by DLA Piper, covers constructive dismissal where there was more than one possible reason for the individual's resignation.
The Employment Appeal Tribunal has held that a voluntary redundancy scheme that provided different severance payments for two different age groups of employees was not age discriminatory because the differential treatment was justified.
In The Manchester College v Hazel and another EAT/0642/11 & EAT/0136/12, the EAT upheld a ruling by the employment tribunal that dismissals as a result of post-TUPE-transfer harmonisation were automatically unfair because they did not constitute an ETO reason "entailing changes in the workforce".
Victoria Bell is a managing associate and Chris McAvoy, Poppy Fildes, Rosie Kight and Helen Samuel are associate solicitors at Addleshaw Goddard LLP. They round up the latest rulings.
This week's case of the week, provided by DLA Piper, covers whether or not the "Acas code of practice on disciplinary and grievance procedures" applied in a dismissal for a breakdown in trust and confidence.
In this case, the tribunal had to decide whether or not an employee was fairly dismissed for engaging in abusive and threatening behaviour during a heated meeting with his line manager.
This week's case of the week, provided by DLA Piper, covers continuity of employment when an employee is dismissed, but re-employed almost immediately by the same company.
The employment tribunal held that the employer discriminated against the claimant on the ground of age by making him redundant because he was close to retirement. The tribunal drew an inference of age bias against the claimant from workplace banter related to age, including colleagues nicknaming him "Yoda".