Labour & European Law Review
01 April 2015
A number of new compensation limits come into force on 6 April 2015. These apply when the relevant event takes place on or after that date. So, for someone unfairly dismissed the new rates only apply to dismissals with an effective date of termination on or after 6 April 2015.
To successfully claim age discrimination, workers have to show that their employer has applied a provision, criterion or practice (PCP) which applies to everyone but puts workers of a particular age group at a disadvantage and the employer cannot justify it. In Braithwaite and ors v HCL Insurance, the Employment Appeal Tribunal (EAT) held that it is not age discrimination to impose new contracts on employees if the aim is to ensure the future viability of the company.
To satisfy the requirements of a service provision change (SPC) under TUPE, employees have to show they were “assigned” to an “organised grouping” whose “principal purpose” was to carry out the activities concerned on behalf of the client. In Rynda (UK) Ltd v Rhijnsburger, the Court of Appeal confirmed that a single employee can constitute an organised grouping as long as it was not “happenstance” that the employee was carrying out those activities.