Woolworths: ECJ decides

We report on the latest instalment of the saga of the meaning of “establishment” in the UK’s collective redundancies legislation. Background In the latest episode of this saga, the ECJ has agreed with the Advocate General that “establishment” need not… Read on

Whistleblowing: interest of 100 = “public interest”?

We report on the EAT’s first decision since the introduction of the new rule protecting whistleblowers only where their disclosure is made in the public interest? Background Mr Nurmohamed was employed by the estate agent Chestertons and worked in their… Read on

Dismissal investigations: how far do you need to go?

Did Genesis Housing Association have to investigate each and every line of defence put forward by their dismissed employee, Mr Shrestha, who they claimed had falsified his expenses? Background Mr Shrestha was dismissed by Genesis because the mileage claims he… Read on

Changing Staff Handbook Terms

Can an employer unilaterally change the terms of its contractual staff handbook? No, said the High Court in the case of Sparks and another v Department for Transport. Background Generally, a contract may only be amended in accordance with… Read on

Constructive dismissal – delay fatal to claim?

Was the employee’s argument that she was too ill to resign for 18 months successful? Or was she found to have affirmed her contract and therefore not able to bring her constructive dismissal claim? In the case of Colmar Mari… Read on

Important development on collective redundancies

The Advocate General of the European Court has held that the meaning of ‘establishment’ for the purposes of collective redundancy consultation does NOT necessarily need to take into account the whole business.  Businesses should, subject to national law, be able… Read on

Obesity can constitute a disability

Mr Kaltoft is 1.72 metres tall and weighs over 100kg. This gives him a BMI of 54, which is classified as severe or extreme morbid obesity. We have recently reported about obesity and disability law. In the recent case of… Read on

Timing of redundancy during maternity leave

In the case of Sefton Borough Council v Wainwright 2014, the EAT held that: An employee on maternity leave was entitled to be offered a suitable alternative post as soon as the employer created the new post in the restructure… Read on