Labour & European Law Review
24 May 2017
A new study published by the TUC warns that working people in both the UK and the EU are at risk from the erosion of workplace rights after Brexit – especially those in low-skilled jobs.
Section 1 ERA requires employers to give their employees details of their conditions of employment on starting work. In Born London Ltd v Spire Production Services Ltd, the Employment Appeal Tribunal (EAT) held that as employers did not have to state whether the information set out in section 1 was contractual or not, they did not have to state whether employee liability information under section 11 of TUPE was contractual or not.
If an employer can show they dismissed their employee for “some other substantial reason”, it will be fair. In Ssekisonge v Barts Health NHS Trust, the Employment Appeal Tribunal (EAT) upheld the tribunal’s decision that the dismissal of a nurse whose identity was being investigated by the Home Office could be fair for “some other substantial reason”, even though conduct played a part in the reason to dismiss.