Labour & European Law Review
13 December 2017
A new TUC poll has found that the reason that so many workers remain on zero-hours contracts is because it is the only type of work available to them.
Under section 103A of the Employment Rights Act 1996 (ERA), it is automatically unfair to dismiss a worker because they made a protected disclosure (blew the whistle). In Royal Mail Group Ltd v Jhuti, the Court of Appeal held that it was not a whistleblowing dismissal if the dismissing officer believed it was for another reason, in this case poor performance.
The Employment Appeal Tribunal (EAT) has held in The Commissioner of Police of the Metropolis v Denby that employers should not be allowed to escape liability for making discriminatory decisions by trying to mask the true identity of the decision maker. Instead all the joint decision makers should be held liable, once their identities are known.