Issue 13 - 5th July

Wednesday 5 July 2006

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CASES

TUPE

Celtec v Astley [2006] UKHL 29
The contracts of employment of workers of an undertaking are automatically transferred on the date of the transfer. This date cannot be changed by agreement between the parties. In the present case it was the date of the employees secondment from civil service not from the later date they took up direct employment. Read more

Whistle-blowing

Woodward v Abbey National [2006] EWCA 822
Section 47B Employment Rights Act 1996 gives a right not to be subject to a detriment after employment has ended as well as during employment. Rhys-Harper v Relaxion Group Plc [2003] UKHL 33 considered. Fadipe v Reed Nursing Personnel [2001] EWCA 1885 not followed. Read more

Unfair dismissal compensation

Langley v Burso UKEAT/0572/05/ZT
Under section 123 Employment Rights Act1996 the Tribunal can only award sums which reflect the loss resulting from the dismissal. An employee who would have been off sick during what would have been the notice period was not therefore entitled to full pay for that period (s88 ERA did not apply in this case). The principle in Norton Tool v Tewson [1972] ICR 501 no longer applied following the decision of the House of Lords in Dunnachie v Kingston Upon HullCity Council [2004] UKHL 36. Leave to appeal to the Court of Appeal was given. Read more

Statutory grievance procedures

Singh t/a Rainbow International v Taylor UKEAT/0183/06
The extension of time to the normal time limit for lodging a claim to a Tribunal when a Step 1 letter has been issued under the statutory grievance procedures (Regulation 15(1) Employment Act (Dispute Resolution) Regulation 2004 ) is 3 months and not 3 months less a day. Read more

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