Labour & European Law Review
16 February 2012
The race diversity campaign of the charity, Business in the Community, has claimed in research published last week that race discrimination against minority job seekers is rife in recruitment agencies.
The law allows employees to claim compensation for unfair dismissal in certain circumstances, but can they claim damages if dismissed in breach of a contractual disciplinary procedure? In the conjoined cases of Edwards v Chesterfield Royal Hospital NHS Foundation Trust; Botham v Ministry of Defence, the Supreme Court said that they can’t, even if they’ve been dismissed in breach of an express term of their contract.
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) protect employees from unfair dismissal in certain circumstances. In Spaceright Europe Limited and Baillavoine and anor, the Court of Appeal said that the law does not require a particular transfer or transferee “to be in existence or in contemplation at the time of the dismissal” for it to be unfair.