Case Digests

 

Recent Cases

HR advice on discipline should be confined to matters of law and procedure

Although a dismissing or investigating officer is entitled to seek guidance from HR, such advice should be limited to matters of law and procedure and to ensuring that all necessary matters have been addressed and achieve clarity. 
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Ramphal v Department of Transport
 

Employee on long-term sick leave was not ‘assigned’ for TUPE

An employee on long-term sick leave who was not expected ever to return to work was not ‘assigned’ to an organised grouping of employees that transferred under TUPE.
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BT Managed Services Ltd v Edwards
 

Affirming contracts of employment– context is everything

When considering whether an employee has delayed too long following his or her employer’s fundamental breach of contract, i.e. whether he or she has ‘affirmed’ the contract, the reasons for and the context in which the delay occurred should not be overlooked.
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Adjei-Frempong v Howard Frank Ltd
 

Fair dismissal for derogatory comments made about employer on Facebook

An employee who posted Facebook comments boasting of getting drunk whilst on emergency standby and used offensive language about his managers was fairly dismissed even though the company was not actually named, the employee had eight years’ unblemished service and the comments were made two years before his dismissal.
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The British Waterways Board v Smith
 

Agency workers don’t have preference over redeployed permanent employees

Employers are not legally obliged to recruit agency workers in preference to others, nor are they prevented from redeploying permanent staff into vacant positions in preference to recruiting agency workers.
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Coles v Ministry of Defence
 

Indirect discrimination by association

An individual may claim indirect discrimination under the Race Equality Directive by means of association with a group that is disadvantaged - even if the individual is not of the same ethnic or racial group.
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CHEZ Razpredelenie Bulgaria AD v Komisia za Zashtita ot Diskriminatsia
 


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