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The Appeal Tribunal has confirmed that employees will transfer under TUPE in pre-pack administrations. This had been called into question not so long ago by the same court (Oakland v Wellswood (Yorkshire) Ltd). In pre-pack administrations, the asset… Read on
A criminal court has found a small company guilty of corporate manslaughter in the first test case of the new offence. The prosecution of Cotswold Geotechnical (Holdings) Ltd under the Corporate Manslaughter and Corporate Homicide Act 2007 will come as… Read on
A recent Tribunal decision in the aftermath of the Lehman Brothers collapse will ring alarm bells amongst Insolvency Practitioners. For the first time they are potentially on the hook as individuals for the discrimination (and potentially other actions) of their… Read on
A Tribunal has recently recognised that spiritualist beliefs, including the belief in psychic and paranormal powers, are protected by anti-discrimination legislation relating to religion and belief. Mr Power was dismissed by Greater Manchester Police partly because he distributed spiritualist DVDs… Read on
The Court of Appeal has decided that a (CAB) volunteer was not covered by the Disability Discrimination Act 1995. This applies equally to the scope of the Equality Act 2010, which has replaced it. The judgment has brought relief to… Read on
The Government has confirmed that 5 April 2011 will be the last day on which an employer can give the notice needed to lawfully force an employee to retire at age 65 without having the right to bring an age… Read on
It has always been possible for people who are not gay to bring sexual orientation discrimination claims. For instance, where a heterosexual is discriminated against because they have gay friends. The law can also cover instructions to discriminate against customers.… Read on
Miriam O’Reilly’s Tribunal win against the BBC for direct age discrimination highlighted the ongoing debate about the perceived treatment of older women in television. However, it is also important to bear in mind the short shrift the Tribunal gave to… Read on
In a recent High Court decision, employee Dr Daniels brought a libel action against the BBC over an appraisal which referred to errors he had made, communication problems and failures to follow instructions. At Springhouse, we advise employers to raise… Read on
Employers should not treat workers who have made a protected disclosure (otherwise known as whistleblowing) detrimentally. Financial liability for having done so is unlimited, and workers are protected from day one. Furthermore, a recent case has held that an employer… Read on