The Employment Appeal Tribunal has held that employees who resigned after being faced with a change of place of work to a different part of London because of a TUPE transfer were constructively dismissed.
The Employment Appeal Tribunal has held that the dismissal of employees transferred to a company that engaged individuals only under a franchise agreement could amount to an economic, technical or organisational reason (ETO) for dismissal entailing changes to the workforce.
The employer in this case fell into the trap of assuming that, as long as it waited for a while (one year in this case) after a TUPE transfer, it could detrimentally alter the contractual benefits of employees who had transferred, in a bid to harmonise its workforce's terms and conditions.
David Malamatenios and Georgina Kyriacou are partners, and Krishna Santra, Colin Makin and Sandra Martins are associates at Colman Coyle Solicitors. They round up the latest rulings.
The Employment Appeal Tribunal has held that the employer's decision to restrict a redundancy selection to one employee when there were other employees doing the same job who could have been put in a redundancy selection pool made her dismissal unfair.
A Court of Appeal judge has taken the unusual step of criticising employers that are too quick to suspend employees accused of wrongdoing, after an NHS trust suspended and reported to the police two long-serving nurses who were accused of using inappropriate methods to restrain a violent patient.