Managing employees/workers
In Tapere v South London and Maudsley NHS Trust EAT/0410/08, the EAT held that, in requiring a transferred employee to move to a location outside the scope of the mobility clause in her original contract of employment with the transferor, the transferee had acted in fundamental breach of contract. The employee's subsequent resignation therefore amounted to a constructive dismissal. Further, the transferee's attempt to move her place of work amounted to a substantial change in her working conditions to her material detriment. She was, therefore, also entitled to be treated as having been dismissed under reg.4(9) of the TUPE Regulations.
In Kulkarni v Milton Keynes Hospital NHS Trust and Secretary of State for Health [2009] IRLR 829 CA, the Court of Appeal held that NHS doctors subject to disciplinary proceedings are entitled to be represented at any disciplinary hearing by a qualified lawyer instructed by their medical protection organisation.
In Gutridge and others v Sodexo Ltd and another [2009] IRLR 721 CA, the Court of Appeal held that equal pay claims in respect of employment prior to a TUPE transfer must be brought against the transferee within six months of the transfer. The six-month time limit for claims in respect of the post-transfer period does not start to run until the claimant's employment with the transferee ends.
HR and legal information and guidance relating to managing employees/workers.