The Employment Appeal Tribunal has held that the exemption from automatic employee transfer under reg.8(7) of TUPE cannot apply to a transfer from an administration.
The Employment Appeal Tribunal has held that, on its true construction, a company's long-term disability scheme applied to employees who were permanently incapable of employment in any capacity, rather than merely incapable of working for the company.
In Hussain v Acorn Independent College Ltd EAT/0199/10, the EAT held that a teacher had the requisite one-year period of continuous employment to bring a complaint of unfair dismissal. Continuity was preserved over the college summer vacation between his first temporary contract and a subsequent contract because his absence was on account of a "temporary cessation of work".
The Court of Appeal has held that, when considering dismissal of an employee for misconduct, an employer is not taken to have known mitigating facts that are known to the employee's manager but are withheld from the dismissing officer.