Weekly Issue 27 - October 1998

Identifying the transfer

Morris v John Grose Group Limited [1998] IRLR 499 (EAT)

The Transfer of Undertakinga Regulations (TUPE) give protection against unfair dismissal. This protection applies where the "transfer or a reason connected with it is the reason or principal reason for [the] dismissal" (TUPE Regulation 8(1)).

Time limits in equality cases

Mills & Crown Prosecution Service v Marshall EAT IRLR 1998 494

The Employment Appeal Tribunal has upheld an Employment Tribunal's decision to allow a late claim under the Sex Discrimination Act 1975. The reason for the delay was that the Applicant and her legal advisers were reasonably unaware of her right to bring a claim until the law was "clarified" by the European Court of Justice decision in P v S [1996] IRLR 347

Gays abandoned: High Court u-turn on Royal navy discrimination

R v Secretary of State for Defence Ex Parte Perkins
High Court QBD
13 July 1998 - reported in IDS Brief 619

As a result of the Armed Forces' policy banning homosexuality Mr Perkins was discharged from the Royal Navy in 1995 when it became known that he was gay. He sought judicial review of the Navy's decision to dismiss him and claimed that the policy was unlawful under Article 2.1 of the Equal Treatment Directive as it amounted to discrimination on grounds of sex.

Setback for redundancy rights

In the diappointing judgment in Frankling and Others v BPS Public Sector Limited, the Employment Appeal Tribunal has ruled that entitlement to enhanced redundancy benefits under Section 46 of the Whitley Council Agreement does not transfer under TUPE.

RSI - dead or alive?

RSI court cases are like buses, there either isn't one for ages or they arrive in a bunch. Recently there have been significant decisions from a County Court Judge in a test case involving Midland Bank workers, the High Court in a case brought by journalists against the Financial Times (FT) and the House of Lords delivered judgment in a case involving a secretary.

Leaving employment - reason for giving resignation

Holland v Glendale Industrial Ltd [1998] ICR 493 Employment Appeal Tribunal

If an employee resigns from his job as a result of his employer's fundamental breaches of his contract, but gives a different reason for leaving, can the employee then claim constructive dismissal? No, says the Employment Appeal Tribunal.