Managing employees/workers
The Employment Appeal Tribunal has overturned an employment tribunal finding that an employer was motivated by an employee's gender when it failed to follow its disciplinary process when it dismissed him, following an allegation of rape made against him. The EAT held that, although tribunals must be alive to the fact that stereotypical views of male and female behaviour exist, there must be evidence for a tribunal to conclude that an employer has been motivated by those views.
In Metropolitan Resources Ltd v Churchill Dulwich Ltd (in liquidation) and others [2009] IRLR 700 EAT, the EAT held that, when determining whether or not there has been a service provision change within the meaning of the TUPE Regulations 2006, tribunals should consider if the activities carried out by the alleged transferee are essentially or fundamentally the same as those carried out by the alleged transferor.
In HM Revenue and Customs v Stringer and others sub nom Commissioners of Inland Revenue v Ainsworth and others [2009] IRLR 677 HL, the House of Lords held that a claim for unpaid holiday due under the Working Time Regulations 1998 can be brought as an unlawful deductions from wages claim under ss.13 and 23 of the Employment Rights Act 1996.
HR and legal information and guidance relating to managing employees/workers.