Recent Rulings in Brief

Too Clever by Far

On termination the employee who was entitled to three months notice under her contract, was paid three days notice plus an ex gratia payment “equal to 3 months notice”. Seemingly having accepted this she then claimed her contractual notice at the ET. No surprise when she won both at the ET and on Appeal.

Legal Representation at Disciplinaries

It had become clear that where a dismissal may result in a bar to practice a profession then entitlement to Legal Representation was a right conferred by Article 6 of the ECHR. There has been a modification to this along the lines of how distant is the decision to dismiss from the decision to bar? However there will always have to be a judgement made about this and personally I would hesitate to depend on the right not being applicable

Clarity in Equal Pay and TUPE

Clarity comes from the EAT that Red Circling after TUPE justifies pay disparity between the sexes. Subsequent closure of the gap is not essential provided that is not influenced by sex issues

Footie Fans

The EAT has held a football coach was Constructively Unfairly Dismissed when denied the right to pick his own Team. This is Employment Law mirroring the Premier league Arbitration Panel in KK v NU

Caveat. While these cases are authority handed down by a higher court my account is given in the broadest possible term and may not reflect any specific situation- always seek further advice.