The European Court of Justice has held that EU law does not require that the commissioning mother in a surrogacy agreement be entitled to maternity leave.
David Malamatenios is a partner and Krishna Santra, Sandra Martins and Colin Makin are senior associates at Colman Coyle Solicitors. They round up the latest rulings.
The Employment Appeal Tribunal has held that an employer's false explanation given for the withdrawal of a flexible working arrangement in evidence during a tribunal hearing reversed the burden of proof in a direct sex discrimination claim.
The Court of Appeal has agreed that a transferee did not have an economic, technical or organisational (ETO) defence over the dismissal of two claimants as a result of harmonisation following a post-TUPE transfer redundancy process.
The Employment Appeal Tribunal has held that, where there is no express term in a contract of employment that the employer will pay the employee for any accrued but untaken flexitime on his or her departure, there is no need to imply such a term into the contract.
The Employment Appeal Tribunal agreed with an employment tribunal that emails sent by the claimant taken together were capable of amounting to qualifying disclosures, even though the emails were sent to different individuals in different departments.
In DLA Piper's latest case report, the Employment Appeal Tribunal examined the TUPE provisions that mean that employees do not automatically transfer where the transferor is "under the supervision of an insolvency practitioner".
The Supreme Court has restored the High Court decision granting a doctor an injunction to prevent an NHS trust from continuing flawed disciplinary action against her without first restarting and completing an investigation under its disciplinary policy.
In Alemo-Herron and others v Parkwood Leisure Ltd Case C-426/11 ECJ, the ECJ held that "dynamic" clauses in contracts of employment that refer to collective agreements negotiated and adopted after the transfer are not enforceable against a transferee that has not been able to participate in the negotiating process.