David Malamatenios is a partner and Krishna Santra, Sandra Martins and Colin Makin are senior associates at Colman Coyle Solicitors. They round up the latest rulings.
The Employment Appeal Tribunal has held that an employer's false explanation given for the withdrawal of a flexible working arrangement in evidence during a tribunal hearing reversed the burden of proof in a direct sex discrimination claim.
The Court of Appeal has agreed that a transferee did not have an economic, technical or organisational (ETO) defence over the dismissal of two claimants as a result of harmonisation following a post-TUPE transfer redundancy process.