Labour & European Law Review
03 May 2012
In its first two judgments on age discrimination handed down last week, the Supreme Court has said that it is more difficult for employers to justify direct as opposed to indirect discrimination.
An employee (anyone with a contract of employment) is entitled to bring a variety of contractual claims in the event of a breach, but what happens if the contract is illegal? The Employment Appeal Tribunal (EAT) said in Zarkasi v Anandita and Tan that a worker cannot enforce rights under a contract if it was illegal from the outset.
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) state that employees can terminate their contract in the event of a breach by the employer. In Abellio London Ltd v CentreWest London Buses Ltd, the Employment Appeal Tribunal (EAT) held that employees who resigned following a change to their place of work as part of a TUPE transfer had been constructively dismissed.