Weekly Issue 42 - January 2000

Labour & European Law Review

TUPE consultation rights transfer with the undertaking

Employers are under an obligation to consult on transfers of undertakings and on those redundancies where 20 or more workers are to be made redundant.

Redundancy appeals - or so the EAT thinks

In this case it was considered whether procedural unfairness in a redundancy situation committed at the time of dismissal but rectified at the appeal stage amounted to unfair dismissal.

Take care to include all claims in originating applications

In a worrying decision, the Court of Appeal, in the Housing Corporation v Bryant, find that, in order for a worker to argue that she or he has been victimised in a sex or race discrimination claim, they must show a 'causative link' in the originating application between the protected act and the subsequent detriment suffered.

The significance of recurring disability

The Employment Appeal Tribunal has delivered a series of useful judgments under the Disability Discrimination Act.

Available workers of all descriptions unite

We reported the decision of the Court of Appeal in this case in Issue 23 of LELR and welcomed the approach of the Court which was prepared to find that the power station guides employed on a "casual as required basis" were employees.

A clear and present danger at work

This month we report two decisions of the Employment Appeal Tribunal concerning health and safety dismissals under Section 100 of the Employment Rights Act 1996 (ERA).

Independent and impartial?

The Human Rights Act will come into force on 1st October 2000. The Act incorporates the European Convention on Human Rights into domestic law.