Labour & European Law Review
20 July 2016
Alongside the publication of the annual Female FTSE Board Report, the government has named the business leaders undertaking a new review with the aim of raising the target to 33 per cent of women on boards by 2020.
After identifying the reason for dismissal, tribunals have to consider whether the procedure the employer followed was fair. In Express Medicals Ltd v O’Donnell, the Employment Appeal Tribunal (EAT) held that tribunals cannot decide that a dismissal was procedurally unfair without specifying what procedure the employer should have followed.
The Transfer of Undertakings (Protection of Employment) (TUPE) regulations state that immediately before a service provision change (SPC), there has to be an “organized grouping of employees” whose principal purpose is to carry out the client’s activities. In Amaryllis Ltd v McLeod and ors, the Employment Appeal Tribunal (EAT) held that tribunals must concentrate on the position immediately before the transfer rather than relying on historical events when deciding if there has been an SPC.