In this edition, we look at four recent cases...
‘Cured’ by successful internal appeal
In Little v Richmond Pharmacology, the Employment Appeal Tribunal considered the case of a female employee whose request to work part-time on her return from maternity leave was rejected.
She appealed this decision, but then resigned before her appeal could be heard. Subsequently, her appeal was heard and she was successful. Could she still claim indirect sex discrimination?...
Suitable re-engagement offered?
In Devon Primary Care v Readman, the Court of Appeal considered the case of a community nurse whose role was made redundant.
She subsequently rejected the offer of re-engagement as a hospital nurse.
The EAT held that the Employment Tribunal had stated the correct principle; that 'the reasonableness of the refusal depends on facts personal to the employee and must be assessed subjectively’. However, the Tribunal did not then go on to identify the reasons for the employee’s decision and assess what relative weight they had in her decision-making process. The claimant appealed to the EAT. The EAT noted that the core issue that should have been addressed by... Read more>>
One person can be an ‘organised grouping of employees
In Rynda (UK) Ltd v Rhijnsburger, the EAT considered the case of a claimant who provided office management services.
She worked on her own, managing the same properties, but for a series of employers. She was dismissed after only 10 months' service with her most recent employer. She successfully argued that there had been a series of TUPE ‘service provision changes’ which meant that... Read more>>
Incompetence not necessarily unlawful
In Osoba v Chief Constable of Herts, the EAT considered the case of an employee who alleged age discrimination in the way that a redundancy selection matrix had been constructed.
From some of the questions asked within this matrix, an inference could be drawn that those closer to retirement would be treated... Read more>>