De Souza v Vinci Construction (UK) Ltd | Does the uplift of Tribunal Awards apply to awards for injury to feeling?

Our second case this week is from the Court of Appeal and concerns discrimination. In any discrimination case the Tribunal can award damages to the Claimant for injury to feeling. Unlike compensatory awards, awards for injury to feeling are not capped and thus discrimination claims offer the greatest financial risk to employers. The question in [...]

CT Plus (Yorkshire) CIC v Black & Stagecoach – Can there be a service provision change under TUPE if the activity being carried out is no longer on behalf of the client?

TUPE, or not TUPE, that is the question. TUPE, or the Transfer of Undertakings (Protection of Employment) Regulations 2006, to give it its full name, is the protection of an employee’s rights when there is a business transfer or a change in service provider or an insourcing or outsourcing of an activity. This case will [...]

Sports Direct – The scandal continues

The Sports Direct scandal keeps rumbling on. The latest papers to be filed with the High Court have revealed that women returning from maternity leave were moved onto zero hours contracts and were therefore ineligible for the company’s bonus scheme, a PCP that clearly puts women at a disadvantage. Furthermore, employees transferring from companies purchased by Sports [...]

Mustafa v Trek Highways Services Ltd & Amey & Ringway Jacobs – Can employees still transfer under TUPE when there is a cessation of work prior to the transfer date?

TUPE, or not TUPE: that is the question. This case examines whether subcontractors whose work is halted by their employers can TUPE over to a new company whilst not working? Mr Mustafa, the Claimant, worked in traffic management for Amey, the 2nd Respondent. The 2nd Respondent was then awarded a large highway maintenance contract in [...]

Edwards v BT Managed Services Ltd and Ericsson Ltd – Should a permanently incapacitated employee TUPE transfer to new employer?

Hello, today’s case concerns everyone’s (least) favourite employment law issue, TUPE.  Before you all collectively groan I would like to draw you attention to the accompanying image which makes any TUPE article more amusing. Today’s question: Should an employee who is permanently incapacitated but still employed TUPE over to a new employer? Mr Edwards, the [...]

Gunn V NHS Direct

  Hello again, Case of the Week is back after an unforeseen absence. Last week there were no new judgments.  Back in business this week with a new case concerning TUPE and disability discrimination. Today’s question is: Is an employee whose employment is due to transfer automatically under TUPE entitled to resign before the transfer [...]

Chawla v HP

Exclusively Employment Law Solicitors Chawla v Hewlett Packard This weeks’ case could be compared to a can of worms. This weeks' case is about disability discrimination, there are several claims and questions but we have tried to keep the summary as succinct as possible. The two questions this week are; Do reasonable adjustments have to [...]

Vernon v Port Vale Football Club, Azure & Bedding

The two questions this week are; 1. When an employee TUPE transfers to a new company is the new employer liable for any ongoing harassment issues/claims? 2. Is it fair to treat employees engaging in an office affair differently because of their gender? The Claimant, Ms Vernon, was employed by Port Vale FC as a sales manager [...]

TUPE January 2014 Changes

The TUPE January 2014 changes have been talked about for a while now. Although the regulations to amend the TUPE Regulations 2006 have yet to receive royal assent, the draft regulations have been published here. It is anticipated that the 2014 changes to TUPE Regulations 2006 will take place later this month (January 2014). The [...]

Transfer of Undertakings – dismissals following transfer

The decision of the EAT in First Scottish Searching Services Ltd v Mr T McDine and Mr JP Middleton may bring some comfort to employers looking to make redundancies following a TUPE transfer. The Tribunal found that dismissals following the transfer were unfair in the absence of ‘some system of moderating’ two sets of scores [...]