Managing employees/workers
The Court of Appeal upheld the decision of the employment tribunal that disclosures made by a worker satisfied the "public interest" requirement for protection under the whistleblowing provisions of the Employment Rights Act 1996. The disclosures related to a breach of the employment contracts of 100 senior managers, including the whistleblower.
The European Court of Justice has held that "pre-pack" administration, which is designed to facilitate the sale of a business as a going concern in the event of insolvency, may not prevent employees from having TUPE rights.
An employment tribunal has held that it was direct sex discrimination for a new father whose wife had post-natal depression to be allowed to take only two weeks' leave on full pay, when female staff were entitled to 14 weeks' enhanced maternity leave.
The Court of Appeal has held that, where the reason or principal reason for a dismissal is because the employee made a disclosure, the question of whether or not that disclosure is protected falls to be determined objectively by the tribunal, and not the employer.
Chris Cook is partner and Keely Rushmore senior associate at SA Law. They round up the latest rulings.
A model checklist when holding an informal return-to-work meeting (also known as a "return-to-work interview") after short-term sickness absence.
An employment tribunal has rejected the unfair dismissal claim of a long-serving employee with a clean disciplinary record who was dismissed over comments she made on Facebook about her employer.
The Court of Appeal has held that the employment tribunal incorrectly struck out the appellant's claim against Health Education England (HEE). The Court remitted the claim to a fresh tribunal to decide, as a preliminary issue, if the appellant was a worker in relation to HEE under the whistleblowing provisions of the Employment Rights Act 1996.
Kirsti Laird is senior associate at Charles Russell Speechlys. She rounds up the latest rulings.
A model letter inviting an employee to a stage 1 long-term sickness absence formal review meeting.
HR and legal information and guidance relating to managing employees/workers.