Labour & European Law Review
12 May 2011
An employment tribunal last week unanimously found that an RMT health and safety official, Eamonn Lynch, was unfairly dismissed because of his trade union activities.
In order to claim unfair dismissal, claimants have to show that they are employees. In Moore v The President of the Methodist Conference, the Employment Appeal Tribunal (EAT) said that ministers of the church can be employees if the arrangements under which they work are expected to give rise to legally-binding obligations.
Under the disability discrimination legislation, employers have to make reasonable adjustments for disabled employees in certain circumstances. The Employment Appeal Tribunal (EAT) held in Tameside Hospital NHS Foundation Trust v Mylott that failure to follow proper procedures amounted to unfair dismissal and a failure to make a reasonable adjustment.