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Employment disputes

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  • Type:
    Employment law cases

    £3,000 penalty for small employer that failed to follow flexible-working procedure

    In a decision that may appear harsh, the employment tribunal penalised the employer almost £3,000 for failing to follow the statutory right to request flexible working procedure to the letter, even though the managing director may have been distracted because he was dealing with possible redundancies at the same time.

  • Type:
    Employment law cases

    Case of the week: Protective awards for collective redundancies

    This week's case of the week, provided by DLA Piper, covers protective awards for collective redundancies.

  • Date:
    20 July 2011
    Type:
    Employment law cases

    Teachers working abroad in European Schools can bring UK unfair dismissal claims

    The Supreme Court has held that teachers employed by the Government to work in European Schools, which it described as "international enclaves", are entitled to bring unfair dismissal claims in the UK. 

  • Type:
    Employment law cases

    Case round-up

    Claire Benson is managing associate and Helen Corbett, Sinead Jones, Helen Ward and Tori O'Neil are associates at Addleshaw Goddard LLP. They round up the latest rulings.

  • Date:
    29 June 2011
    Type:
    Employment law cases

    Supreme Court: no entitlement to legal representation at disciplinary hearing for teaching assistant

    The Supreme Court has held that it was not a breach of a teaching assistant's human rights to refuse him the right to be accompanied by a lawyer at a disciplinary hearing to address an allegation of acting inappropriately towards a pupil. 

  • Date:
    16 June 2011
    Type:
    Employment law cases

    TUPE: Supreme Court asks ECJ if transferee has to honour pay agreement signed by transferor

    The Supreme Court has referred to the European Court of Justice the question of whether or not the TUPE Regulations should be given a "dynamic" interpretation, in the context of a dispute over a transferee's failure to honour the terms of a pay increase made under a collective agreement that was incorporated into the contracts of employment before the transfer. 

  • Date:
    15 June 2011
    Type:
    Employment law cases

    Transferee liable for unfair dismissal award following "pre-pack" TUPE transfer

    The Employment Appeal Tribunal has held that it is the transferee, rather than the Secretary of State, that is liable to pay the unfair dismissal basic award and notice of an employee who is dismissed after a "pre-pack" administration and TUPE transfer of the business as a going concern. 

  • Date:
    7 June 2011
    Type:
    Employment law cases

    "Indivisible damage" to claimant must be compensated on joint and several liability basis

    The Employment Appeal Tribunal has held 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. 

  • Date:
    2 June 2011
    Type:
    Employment law cases

    Dismissal of Sharon Shoesmith following death of "Baby P" was void and unlawful

    The Court of Appeal has held that the summary dismissal of Sharon Shoesmith, during the fallout from the death of "Baby P", was unlawful. In finding that she was entitled to a decision on her judicial review application, the Court held that her alternative employment tribunal remedy was not "equally convenient and effective". 

  • Type:
    Employment law cases

    Case round-up

    Claire Benson is managing associate and Helen Corbett, Sinead Jones, Helen Ward and Tori O'Neil are associates at Addleshaw Goddard LLP. They round up the latest rulings.

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HR and legal information and guidance relating to employment disputes.

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