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.
This employer was told by the police that a non-negotiable condition of retaining the licence for its nightclub business, without which it would have to close, was the removal of an employee who had allegedly poorly handled incidents of violent crime in the nightclub.
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.
The Employment Appeal Tribunal has held that the tribunal was correct to find that the respondent did not have an economic, technical or organisational (ETO) defence in respect of the two claimants, who were dismissed as a result of harmonisation following a post-TUPE transfer redundancy process.
In this case, the employment tribunal found that a worker, who had refused to work more than 48 hours per week, was automatically unfairly dismissed by his employer.
The Employment Appeal Tribunal has held that, where the employer put an employee into a redundancy "pool of one" and did not consider the possibility of putting a wider pool of employees at risk of redundancy, the employment tribunal did not properly consider whether or not restricting the pool to one fell within the "range of reasonable responses".
The Employment Appeal Tribunal has held that an employer was in fundamental breach of contract when it indicated to an employee on long-term sick leave its settled intention to reduce his sick pay by 50%, which was in breach of a collective agreement.
The Court of Appeal has upheld a decision that OFCOM was entitled, in dismissing an employee, to rely on an official disclosure that he presented a risk to children and consider the potential reputational damage if the allegations against him were true.
Georgina Kyriacou and David Malamatenios are partners and Sandra Martins, Colin Makin and Krishna Santra are associates at Colman Coyle Solicitors. They round up the latest rulings.