Issue 17 - 26th September 2006

Tuesday 26 September 2006

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CASES

Reasons

Balfour Beatty v Wilcox [2006] EWCA Civ 1240

The Appellant employers appealed the finding of the Employment Tribunal that a TUPE transfer had taken place on the basis that, among other things, its analysis of the evidence and failure to address specific arguments made its decision defective for a failure to give proper reasons. The Court of Appeal dismissed the appeal.

Under Rule 30(5) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 an Employment Tribunal is obliged to include certain information in its written reasons. The Court of Appeal held that if it is possible to see from the decision that what Rule 30(5) requires has been provided by that tribunal, then no error of law will have been committed.

Sex discrimination

Hoyland v Asda Stores [2006] CSIH 21

The Court of Session agreed with the EAT that the employer's discretionary annual bonus scheme which applied to all employees and which was applied to the employee on a pro-rata basis to take into account the amount of time she was off on maternity leave was a contractual provision as it would be paid if the qualifying criteria were met. It therefore could not be the subject of a claim under s6(6) Sex Discrimination Act 1975.

Evidence

AmwellViewHigh School v DoghertyUKEAT/0243/06/DA

The EAT partly dismissed an appeal by an employer against an order that covert tape recordings of an employee's disciplinary hearings were admissible in evidence before an Employment Tribunal. It held that the tape of the hearing at which the employee was present should not be excluded however the recording of the panel's deliberations was inadmissible on public policy grounds. Find out more

Seminars

Employment- Age Discrimination

Thursday 28th September 2006

6.30pm - 8.00pm 1.5 CPD hrs

Presented by Catrin Lewis and Rajeev Thacker

The seminar will cover the new Age Discrimination Regulations coming into force on 1 October 2006 and the changes to the Disability Discrimination Act from October 2004, bringing delegates up to date in these two important developing areas of discrimination law. Click Here to Book

 

 

Garden Court Chambers - CallCounsel

Employment - 020 7993 7888
Wednesday and Friday 2pm - 5pm

Housing - 020 7993 7666
Tuesday, Wednesday & Thursday 2pm -5pm

Immigration - 020 7993 7777
Tuesday, Wednesday & Thursday 10am - 1pm

 

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