Case Digests

 

Recent Cases

Mobile workers’ travelling time is ‘working time’

Time that mobile/peripatetic workers - those who aren’t assigned to a fixed or habitual place of work - spend travelling from home to the first customer designated by their employer and from the last customer designated by their employer to their homes, should be regarded as ‘working time’ according to the Advocate General of the European Court of Justice.
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Federación de Servicios Privados del sindicato Comisiones Obreras v Tyco Integrated Security
 

Determining the client of a sub-contractor in a service provision change

TUPE can apply to a transferor and a sub-contractor even though there may be no direct contractual relationship between them. So where a company contracts out a service which is then subcontracted, the subcontractors’ staff may transfer into the company’s employment if the service is taken back in house.
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Jinks v London Borough of Havering
 

No obligation to inform employer about allegations

An employee was under no express – or implied – obligation to tell his employer about allegations of sexual misconduct made against him.
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Basildon Academies v Amadi
 

Impact of manager’s Facebook posts on unfair dismissal

A manager’s disparaging remarks on social media about Liverpudlians contributed in no small part to a tribunal’s finding that a union official had been unfairly dismissed because of his trade union activities.
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Kelly v Interserve Industrial Services Ltd
 

No need to consider mental processes of those influencing the sole decision maker

When deciding whether someone has been dismissed for a discriminatory reason tribunals should only consider the motivation of the person who made the decision to dismiss. There was no need for a tribunal to consider the mental processes of other people influencing the sole decision maker, regardless of the fact that his decision was informed by their opinions.
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CLFIS (UK) Ltd v Reynolds
 

Discrimination law and TUPE

Can an employee who objects to his or her TUPE transfer (and does not transfer) bring a discrimination claim against the transferee on the basis of being a job ‘applicant’? No, but if the transferee is going to make redundancies, such an employee may be able to pursue a discrimination claim in relation to an offer of suitable alternative employment.
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NHS Direct NHS Trust v Gunn
 


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