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Employment tribunals and courts

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  • 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.

  • Date:
    16 May 2011
    Type:
    Employment law cases

    Employment tribunal wrong to assess compensation on basis of rest of claimant's working life

    The Court of Appeal has held that the employment tribunal was wrong to assess compensation for a banker who was unfairly dismissed and suffered race discrimination on the basis that he would be unlikely to find an equivalent job again. 

  • Type:
    Employment law cases

    £19,000 for bus driver's summary dismissal for running service early

    An adequate investigation and a fair system of warnings are key to the successful defence of an unfair dismissal claim related to misconduct, as this case shows.

  • Type:
    Employment law cases

    Case round-up

    Joanne Magill, associate, and Claire Benson and Ceri Hughes, managing associates, at Addleshaw Goddard detail the latest rulings.

  • Date:
    5 April 2011
    Type:
    Employment law cases

    Supreme Court abolishes expert witnesses' immunity from liability over evidence

    The Supreme Court has overturned the long-standing rule that expert witnesses are immune from liability for damages to parties that have engaged them and to which they owe a duty of care, in a road-traffic accident decision that could have an impact on employment cases. 

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HR and legal information and guidance relating to employment tribunals and courts.