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Business Development: Playing The Right Card
Leor Franks
In an unusual case, Gabriel v Peninsula Business Services, the Employment Appeal Tribunal (EAT) has held that, in the absence of TUPE, the employment of an employee cannot be transferred from one employer to another without the employee’s consent.
Each year, April is always a time for change in employment law, and this year the changes are particularly significant.. Tomorrow, 6 April, sees some significant procedural changes and amendments in the employment tribunals and also changes to unfair dismissal law and a much needed clarification to the Equality Act.
The Government has signalled its intent to turn over a new employment law leaf in 2012 by introducing some radical alterations to current employment law. Many of the proposals are as yet just that, proposals, with no details as to how the changes will operate in practice.
After a string of philosophical belief cases finding in favour of employees, including one which held that a belief in climate change was capable of being a philosophical belief, a recent decision has indicated the limits beyond which employment tribunals are not prepared to go in assigning protection under the Equality Act 2010.
The Northern Ireland case of Crilly v Ballymagroarty Hazelbank Community Partnership vividly demonstrates to employers the danger of setting overly stringent recruitment criteria that could indirectly discriminate against groups based upon a protected characteristic.
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