Managing employees/workers
In this case, an employee was torn between disobeying his superior and carrying out an instruction from him that breached health and safety rules.
The High Court has held that art.6 of the European Convention on Human Rights was not engaged in internal disciplinary proceedings where the employee was not, as a result, deprived of the right to practise his profession.
In this unusual case, an employee was dismissed and offered reinstatement on appeal, before purportedly resigning due to the terms of the reinstatement.
In Tilson v Alstom Transport [2011] IRLR 169 CA, the Court of Appeal held that there was no basis for the employment tribunal to imply a contract of employment between an agency worker and the end user. The fact that the claimant had rejected offers of just such a permanent contract on more than one occasion was a powerful factor pointing away from an employment relationship.
The Employment Appeal Tribunal has confirmed that a paid volunteer is not an employee for the purposes of the Disability Discrimination Act 1995 where there is no mutuality of obligation between the parties.
HR and legal information and guidance relating to managing employees/workers.