Managing employees/workers
This case is an example of an employer that needed to deal with the extremely difficult issue of having a disciplinary matter pending against a member of staff on maternity leave.
The Supreme Court has held that it was not a breach of a teaching assistant's human rights to refuse him the right to be accompanied by a lawyer at a disciplinary hearing to address an allegation of acting inappropriately towards a pupil.
In X v Mid Sussex Citizens’ Advice Bureau and others [2011] EWCA Civ 28 CA, the Court of Appeal held that a volunteer at a Citizens’ Advice Bureau was not an employee for the purposes of the Disability Discrimination Act 1995 and could not therefore claim disability discrimination when she was asked to stop her voluntary work.
The Supreme Court has referred to the European Court of Justice the question of whether or not the TUPE Regulations should be given a "dynamic" interpretation, in the context of a dispute over a transferee's failure to honour the terms of a pay increase made under a collective agreement that was incorporated into the contracts of employment before the transfer.
HR and legal information and guidance relating to managing employees/workers.