Dodd & Co (“Dodd”) recruited a new employee who had post-termination restrictions in his contact of employment with Allen t/a David Allen Chartered Accountants (“David Allen”). Dodd took legal advice on the enforceability of the restrictions and were advised that the relevant term was “probably unenforceable” and on that basis Read more…
An Employment Tribunal upheld claims for harassment, direct discrimination and victimisation on the ground of gender reassignment brought against Jaguar Land Rover Ltd (JLR) by one of its engineers, Ms Taylor, who, having identified as gender fluid/non-binary, usually dressed in women’s clothing. Ms Taylor claimed that she was subsequently subjected Read more…
The European Court of Justice (“ECJ”) has held that an employment contract of a transferring worker may be split between more than one transferee in proportion to the tasks performed by the worker. The Facts In the case of ISS Facility Services NV v Sonia Govaerts, Atalian NV, formerly Euroclean Read more…
An Employment Tribunal has held that the Transfer of Undertakings (Protection of Employment) Regulations 2006, (“TUPE”) apply to ‘workers’ as well as ‘employees’. Whilst Employment Tribunal decisions are not a legally binding precedent, in the event that this decision is to be found to be correct by a higher court, Read more…
An employee disclosed personal data of around 5,000 employees including salary and bank details to a newspaper and online. Morrison’s was held to be vicariously liable for the data breach in the High Court and in the Court of Appeal, even though it could not be said that the employee Read more…
The EAT decision in this case confirms that a constructive dismissal claim can succeed even when the “last straw” act is innocuous. The Tribunal should have considered whether the earlier conduct established a fundamental breach of contract which had not been affirmed such that the innocuous conduct contributed to that. Read more…
The events came to management attention and Mr Jenkins, a former police officer and Head of the Youth Offending Service, undertook an investigation. He viewed the CCTV and interviewed those present and involved subsequently. SR told Mr Jenkins that while they were both very drunk, Mr Uddin had followed her Read more…