TUPE

Tapere v South London and Maudsley NHS Trust

The EAT holds that, in requiring a transferred employee to move to a location outside the scope of the mobility clause in her original contract of employment with the transferor, the transferee had acted in fundamental breach of contract. The employee’s subsequent resignation therefore amounted to a constructive dismissal. Further, the transferee’s attempt to move her place of work amounted to a substantial change in her working conditions to her material detriment. She was, therefore, also entitled to be treated as having been dismissed under reg.4(9) of the TUPE Regulations.

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Redundancy

Lomond Motors Ltd v Clark

The EAT holds that an employment tribunal had erred in finding a dismissal unfair on the grounds that the redundancy selection pool had been incorrectly drawn. The tribunal had substituted its own view for that of a reasonable employer. The tribunal had further erred in its assessment of compensation.

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Equal pay

Somerset County Council and another v Pike

The Court of Appeal holds that a pension scheme that excluded part-time work done by employees already in receipt of a pension was potentially discriminatory because it had a disproportionate impact on women. In assessing whether or not there has been indirect discrimination, the relevant pool for comparison must exclude those who have no interest in the effect of the practice under challenge - in this case employees not yet in receipt of their pension.

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Stop press - up-to-the-minute news on key cases

Tailored reasonable adjustment agreement for an employee with a disability

Use this model form to create a record of reasonable adjustments agreed between a disabled employee and his or her line manager. [full XpertHR subscription required]

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Letter offering a job to an employee who has previously been made redundant from the organisation

Use this model letter when you wish to offer a new position to an employee who has previously been made redundant and has finished working his or her notice period. [full XpertHR subscription required]

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Letter informing employees who were told that their job was at risk of redundancy that it is now safe

Use this model letter when your redundancy consultation and selection procedure has closed to inform employees no longer at risk of redundancy that their job will remain. [full XpertHR subscription required]

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Line manager briefing on disability discrimination [full XpertHR subscription required]

We provide the answers to the following questions:

• If an employer dismisses a pregnant employee as redundant is she still entitled to receive maternity pay?
• Can employers require employees to take a proportion of their annual leave during a manufacturing stoppage due to a downturn in demand?
• Why should employers provide assistance to employees once they have been given notice of redundancy?
• Which employees should be provided with assistance after having been notified of dismissal by reason of redundancy?
• Can assistance for redundant employees be provided in-house?
• How can employers find out whether or not an outplacement provider of assistance for redundant employees is suitable?
• How can employers find out whether or not an outplacement provider is providing a good service to their redundant employees?
• Is there any help that employers can give to redundant employees once an outplacement service has finished?
• If recruiting to a position from which an employee was recently dismissed for redundancy, must the employer offer the job to the individual who was made redundant?
• Where a vacancy arises because an employee leaves, but this occurs after an earlier redundancy exercise, is the employer obliged to offer the vacant position to one of the individuals who was made redundant?

Launched and run by the editorial team that produces XpertHR and the IRS e-journals, the Employment Intelligence blog is regularly updated with news, comment and links to the latest employment developments.

Here’s a selection of recent posts:

• Addressing the problem of stress
• Discrimination and climate change: EAT guidance on philosophical beliefs
• Overview of vetting and barring scheme
• Associative discrimination: how the EAT would amend disability legislation
• Top 10 HR questions - October 2009

Today's tip: using the XpertHR legislation service

Do you want to check the definition of “night worker” in the Working Time Regulations 1998 or see what s.98 of the Employment Rights Act 1996 says? For those occasions when you need to see the actual wording of acts or regulations, XpertHR provides access to the LexisNexis Butterworths legislation service, a regularly updated resource providing the full text of all UK legislation with an impact on employment relations.

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