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Employment Law Vault

Unlawful Contracts

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If someone is employed by the government in breach of the statutory provisions governing Civil Service recruitment, is the contract of employment void for illegality? Yes, held the EAT in SoS for Justice v Betts and others , upholding the Justice...

Redundancy - Competing for New Roles

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Is the application of the s.98(4) test modified in the case of redundancy dismissals where employees must compete for newly-created posts following a restructure? No, held the EAT in Green v London Borough of Barking & Dagenham . The Claimant had...

Some Other Substantial Reason Dismissal

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Is there a particularly high threshold for an employer dismissing an employee because of a 'substantial reason'? No, held the EAT in Ssekisonge v Barts Health NHS Trust , rejecting the Claimant's appeal against a finding that her...

Supreme Court: Indirect Discrimination

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To succeed with an indirect discrimination claim, is it necessary to establish the reason for the particular disadvantage to which a group is put, compared to another? No, held the Supreme Court in the decisions of Essop and others v Home Office (UK...

Acas Early Conciliation

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If Acas issues a second early conciliation certificate in respect of the same matter, does this extend the time for making a claim? No, held the EAT in HMRC v Garau . Mr Garau was given notice of termination of his employment by HMRC on 1 October...

TUPE: Employee Liability Information

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When giving Employee Liability Information to a transferee pursuant to reg 11 of TUPE, a transferor incorrectly stated that a Christmas bonus was non-contractual, when it turned out it was contractual. Was this a breach of reg 11, giving rise to a...

Indirect Discrimination

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In an indirect discrimination claim, can an employment tribunal reject a justification defence on the basis that the employer should have pursued a different aim which would have had a less discriminatory impact? No, held Court of Appeal in ...

Age Discrimination: Advocate General Opinion

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Can a State provide that under-25s can be employed on zero hour contracts, whilst restricting such contracts for employees aged 25+? Perhaps, advised Advocate General Bobek in his Opinion in Abercrombie & Fitch v Bordonaro . Mr Bordonaro...

Discrimination: Burden of Proof

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Is the incompetent handling of a grievance and a lackadaisical attitude of the investigator sufficient to give rise to an inference of discrimination? No, held the EAT in Kent Police v Bowler . The employment tribunal made a number of findings of...

Timing of Notice of Termination

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Where an employment contract is silent on when notice is deemed to be given, when does notice of termination take effect? On actual receipt, held the Court of Appeal (by a majority) in Newcastle Upon Tyne NHS Foundation Trust v Haywood . In...

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