Employment Law News

Equality Act 2010: consultation on repeal of two enforcement provisions

Wed, 16 May 2012 00:00:00 GMT

Consultation on proposals to repeal two measures from the Equality Act 2010: (i) employment tribunals' power to make wider recommendations in discrimination cases and; (ii) the procedure for obtaining information.

Seawell Ltd v (1) Ceva Freight UK Ltd (2) Moffat - employee spending 100% of his time on work does not equate to him doing 100% of the work

Wed, 16 May 2012 00:00:00 GMT

A TUPE transfer by way of Service Provision Change requires an "organised grouping of employees", which requires some element of deliberate formation, carrying out "the activities concerned", which is the totality of whatever activities were done by the contractor and are now done in house.

Hounga v Allen & Allen - discrimination claims and illegal contracts

Wed, 16 May 2012 00:00:00 GMT

Someone who is knowingly illegally working in the UK cannot bring a claim for discrimination arising out of her treatment by her "employers" - such a claim may not be contract based (such claims are clearly not allowed) but nonetheless is inextricably linked with the employee's illegal conduct and so, as a matter of public policy, cannot be allowed to proceed.

Equality Act 2010: consultation on employer liability for harassment of employees by third parties

Wed, 16 May 2012 00:00:00 GMT

Consultation on repeal of third party harassment provisions (Equality Act 2010 sec 40(2) - (4))

Bates Van Winkelhof v Clyde & Co LLP - whistle-blowing: equity partner was a "worker"

Wed, 16 May 2012 00:00:00 GMT

For the purposes of bringing a whistle-blowing claim, an equity partner of a limited liability partnership can be a "worker" under S.230(3)(b) of the Employment Rights Act 1996, giving an employment tribunal jurisdiction to hear the claim.