This employment tribunal decision shows that there is nothing to stop a transferee from disciplining a transferred employee who is alleged to have committed misconduct before the transfer.
This employment tribunal punished a large employer's failure to follow the "Acas code of practice on disciplinary and grievance procedures" by awarding a combined total of over £100,000 to two claimants who were unfairly dismissed.
The Court of Appeal has confirmed that the question of whether or not a potentially redundant employee's refusal to accept alternative employment is reasonable requires a subjective test.
Joe Beeston, Kate Edminson, Rosie Kight and David Rintoul are associate solicitors and Iain Naylor is a trainee solicitor at Addleshaw Goddard LLP. They round up the latest rulings. They round up the latest rulings.
In DLA Piper's case of the week, Lund v St Edmund's School, Canterbury, the Employment Appeal Tribunal held that the Acas code of practice on disciplinary and grievance procedures should have been followed in a case where the reason for dismissal was stated to be for "some other substantial reason" (SOSR), but disciplinary proceedings ought to have been invoked.