Managing employees/workers
In Angard Staffing Solutions Ltd and another v Kocur and another; Kocur and another v Angard Staffing Solutions Ltd and another, the Employment Appeal Tribunal made a number of determinations about agency worker rights, including that agency workers are not entitled to apply for, or to be considered for vacancies on the same terms as directly recruited employees.
In R (on the application of the Independent Workers' Union of Great Britain) v Secretary of State for Work and Pensions and another, the High Court held that the Government has failed to implement properly EU health and safety Directives by excluding workers from the UK implementing legislation.
In Tai Tarian Ltd v Christie, the Employment Appeal Tribunal held that the tribunal had erred in its approach to fairness when it found the carpenter had been unfairly dismissed following a complaint made against him by a tenant who requested anonymity.
In Kocur and others v Angard Staffing Solutions Ltd and another, the Employment Appeal Tribunal held that a worker supplied by an agency to work temporarily for Royal Mail was an agency worker, despite the fact that he was supplied exclusively to Royal Mail on a regular basis over four years.
In Sinelnikova v ActivTrades plc, an employment tribunal upheld a compliance officer's claims of unfair dismissal, whistleblowing and victimisation after finding that she had been subjected to "concerted and malicious" action by her employer.
In Broadist v HM Prison Service, an employment tribunal found that the employer's refusal to allow a semi-retired dog handler to remain working on a part-time basis with an alternative dog, after his dog had died, amounted to indirect age discrimination.
In Adenusi v London Underground Ltd, an employment tribunal held that the employee's dismissal for sexual harassment was unfair because the employer did not carry out a reasonable investigation.
In Ferguson and others v Astrea Asset Management Ltd, the Employment Appeal Tribunal held that the transferor's substantial improvements to the employment contracts of senior employees shortly before the transfer were void under TUPE legislation and the EU abuse of law principle.
In WM Morrison Supermarkets plc v Various claimants, the Supreme Court held that the employer is not vicariously liable for an employee's deliberate personal data breach because the employee was not engaged in furthering his employer's business but was pursuing "a personal vendetta".
In Harrison v Barking, Havering and Redbridge University Hospitals NHS Trust, the High Court granted an interim injunction to allow a suspended employee to return to the majority of her normal duties because there was no justification to restrict such duties.
Employment law cases: HR and legal information and guidance relating to managing employees/workers.