James Buckley, Iain Naylor, Chris McAvoy and Lucy Sorell are associates and Mona Jackson is a trainee solicitor at Addleshaw Goddard LLP. They round up the latest rulings.
The Employment Appeal Tribunal upheld an employment tribunal decision that a requirement for older employees to accept less generous terms and conditions of employment, as a condition of their employment continuing, could be justified.
In DLA Piper's latest case report, the Employment Appeal Tribunal (EAT) found that an employment tribunal's judgment was flawed when it held that an employee of a transferor was assigned to the organised group of employees that were reassigned to the transferee on a service provision change.
The employment tribunal held in this case that, on a transfer under the TUPE Regulations, the transferor was liable to pay compensation for failing to inform the transferee that it would inherit claims from its employees for unpaid salary.
David Malamatenios is partner, Linda Quinn, Colin Makin and Krishna Santra are senior associates, and Dominic Speedie is an associate at Colman Coyle Solicitors. They round up the latest rulings.
In Kavanagh and others v Crystal Palace FC Ltd and another [2014] IRLR 139 CA, the Court of Appeal held that the EAT had been wrong to interfere with an employment tribunal's judgment that an administrator had dismissed employees for an "ETO" reason. On the facts, the dismissals had been effected in order to enable the company to continue to trade and avoid liquidation.