Case Digests

 

Recent Cases

Service provision changes and the short-term task exception

What happens leading up to and after a TUPE transfer is relevant to whether the client intended the contract to last only for a short term and thus be able to benefit from an exception in the service provision change rules.
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ICTIS UK Ltd v Mahdi
 

Public sector worker awarded £30K for disability-related absence dismissal

A worker at the Department of Work and Pensions has been awarded over £30,000 for unfair dismissal and disability discrimination when she was dismissed after her sickness absences exceeded the trigger points in the DWP’s sickness absence policy. 
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Powell v Secretary of State for Work and Pensions
 

Competitive redeployment and reasonable adjustments

An employer discriminated against a disabled employee undergoing radiotherapy treatment by requiring him to go through a competitive interview process during a redeployment exercise.
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Waddingham v NHS Business Services Authority
 

Resignation following unilateral change in working conditions is a ‘redundancy’

The definition of ‘redundancy’ in EU law is wide enough to include resignations where an employer has unilaterally made a significant change to essential elements of an employee’s contract for reasons not related to the individual and which causes them substantial detriment – here a 25% pay cut.
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Pujante Rivera v Gestora Clubs Dir SL
 

No unfairness where different sanctions for employees involved in the same incident

Different sanctions for two employees for offences arising from the same incident did not make the dismissal of one of them unfair.
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MBNA Ltd v Jones
 

Employer exacerbating employee’s ill health

If an employer is responsible for an employee’s ill health this is relevant as to whether and when it’s reasonable to dismiss him for that incapacity – and this applies not only when the employer caused the employee’s ill health but also when the employer is responsible for making it worse.
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L v M
 


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