Employment eBulletin, December 2010

DMH Stallard Employment eBulletin

In this issue:

•	Collective redundancies: Court of Appeal refers to ECJ question of when obligation to consult is triggered
•	Employment status and discrimination: Agency worker had no protection against dismissal and discrimination
•	Constructive dismissal: employer's breach should be assessed objectively and cannot be cured
•	Unfair dismissal (redundancy): employer must explain scoring to employee and give them chance to comment
•	TUPE: 13 week's pay should not be "starting point" in award for failure to inform and consult
•	Redundancy during maternity leave: EAT gives guidance on question of suitable alternative vacancies

Welcome to the latest edition of the DMH Stallard Employment eBulletin.

In this issue we cover a handful of recent key cases that provide valuable lessons for employers including decisions relating to: the status and protection afforded to agency workers; redundancy dismissals and the need to consult in relation to scoring; the level of award that should be made for failure to inform and consult under TUPE; and how to assess whether an employer has committed a repudiatory breach of contract entitling an employee to claim constructive dismissal.

We hope that you find the articles in our latest eBulletin useful. If you have any questions arising from the articles then please do not hesitate to get in touch.

Adam Williams
Solicitor

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Collective redundancies: Court of Appeal refers to ECJ question of when obligation to consult is triggered

Court of Appeal unanimously decides to refer to the ECJ the question of whether the obligation to consult arises before or after the making of a strategic or commercial decision that will lead to...

Employment status and discrimination: Agency worker had no protection against dismissal and discrimination

Court of Appeal finds that an agency temporary worker does not have discrimination and unfair dismissal protection. Brook Street (an employment agency) supplied Mr...

Constructive dismissal: employer's breach should be assessed objectively and cannot be cured

Court of Appeal holds conduct amounting to a fundamental breach of contract should be assessed on an objective basis and an employer cannot avoid liability for constructive dismissal by seeking to...

Unfair dismissal (redundancy): employer must explain scoring to employee and give them chance to comment

EAT holds that fair consultation in a redundancy exercise involves explaining scoring to employees and giving them chance to comment on the scores. The EAT in this case held that...

TUPE: 13 week's pay should not be "starting point" in award for failure to inform and consult

EAT holds 13 weeks' pay should not be starting point in an award for failure to inform and consult under TUPE. Mr Justice Underhill (President of the Employment Appeal Tribunal...

Redundancy during maternity leave: EAT gives guidance on question of suitable alternative vacancies

EAT upholds decision that regulations 10(3)(a) and 10(3)(b) of the Maternity and Parental Leave Regulations should be read together when determining suitable vacancies for an employee whose job becomes...