Labour & European Law Review
26 April 2012
Research published by the Equality and Human Rights Commission last week has shown that most rulings by the European Court of Human Rights (EctHR) are in Britain’s favour.
Employees in Great Britain (GB) have the right not to be unfairly dismissed under section 94(1) of the Employment Rights Act 1996 (ERA), but what about employees who work elsewhere? In Ravat v Halliburton Manufacturing and Services Ltd, the Supreme Court said that it was for Tribunals to decide whether there was a sufficiently strong connection between their work and GB to allow a claim of unfair dismissal to go ahead.
When making employees redundant, employers have to consider whether there are any suitable alternative vacancies available for them. In Samsung Electronics (UK) Ltd v Monte-D’Cruz, the Employment Appeal Tribunal (EAT) held that employers can use subjective criteria when interviewing an employee for a vacancy, unlike selection for redundancy.