Labour & European Law Review
22 March 2012
Not content with increasing the qualifying period for unfair dismissal from one year to two, the government last week announced that it was seeking the views of interested parties about whether current dismissal procedures are too complex.
Although it is illegal to dismiss someone for their trade union activities, it is notoriously hard to prove in a Tribunal. However, the Employment Appeal Tribunal (EAT) has said in Chorley Borough Council v Andrews that Tribunals are entitled to draw inferences from the evidence and “come to common sense conclusions based on facts”.
Workers are entitled to the national minimum wage if they can show that they have to do the work personally. In Singh v Members of the Management Committee of the Bristol Sikh Temple and ors, the Employment Appeal Tribunal said that a priest in a Sikh temple was a worker as he had a contract which required him to turn up and perform the duties himself.