As promised in last month’s edition, Alessandra Gettins has produced a detailed case report on the recent decision in the Supreme Court in the case of Seldon v Clarkson Wright and Jakes which looked further into the area of direct age discrimination and on what grounds it can be objectively justified.
This Update contains brief details of recent Government publications, legislation, cases and other developments relevant to those involved in health and social care work, which have been published in the last month.
Another case has come through the courts relating to inappropriate Facebook usage by an employee. As you may recall we reported on the rise of dismissal cases relating to employees' use of Facebook and other social media a few months ago.
Joanna Smart takes a look at some key employment law developments which took place in April, most notably the fact that the anticipated decision of the Supreme Court in Seldon v Clarkson Wright and Jakes was published on 25 April.
In the case of Newcastle upon Tyne Hospitals NHS Foundation Trust v Bagley, the EAT has confirmed the position in regards to what constitutes a reasonable adjustment and also provided welcome clarification on when aggravated damages should become payable and what amounts to correct sums where these damages, and others, are concerned.
In this issue we consider: collective redundancies; key changes resultant from amendments to the Employment Tribunal Regulations; review the Government's decision to increase the national minimum wage and; include a case regarding justified age discrimination.
With financial pressures still dominating the news headlines and organisations having to make substantial savings, redundancies remain a real possibility for many employers. It is more important than ever for employers to implement a fair redundancy process to avoid unfair dismissal claims, and part of that is identifying an appropriate redundancy pool. Mike Smith looks at two EAT cases for guidance to employers.
Sarah Lamont discusses two recent decisions arising out of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”).
Dealing with service provision changes and the meaning of an “organised grouping of employees”.
The recent case of HM Land Registry v Benson looked at a cost-based voluntary redundancy situation and whether or not this resulted in indirect discrimination on the grounds of age and sex. Jodie Sinclair has reviewed this case in detail to assess whether or not such discrimination can be justified and if so, on what grounds.
Alec Bennett looks at some key employment law developments which took place in February, including a delay to the response to the Modern Workplaces Consultation; an increase in statutory and tribunal payment figures; and two recent employment tribunal cases, the first of which looked at the complex area of protection from discrimination for those becoming parents through surrogacy and the second, at post employment victimisation under the Equality Act 2010.