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Should you offer an opportunity to appeal against redundancy, even if you think providing such an opportunity would be futile?

Andrew MacPhail analyses the CoA's decision in Gwynedd Council v S Barratt & I Hughes [2021] EWCA Civ 1322, which provides a reminder to employers to take particular care before declining to follow best practice on key matters such as consultation on redundancy and the provision of an appeal process, even if it considers that such steps would be futile.

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Competing rights in foster care

Naomi Webber reviews R (Cornerstone) v Ofsted [2021] EWCA Civ 1390, a case considering whether a requirement for foster parents to be in heterosexual marriages on religious grounds was discriminatory.

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That was not put!​

Daniel Brown reviews P2CG Limited v Davis (Appeal No. EA-2019-000762-AT), a judgment that provides useful guidance as to the matters to be considered when an allegation is not put to a witness in court.

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No anonymity order for former stripper

Alex Leonhardt reviews A v Burke & Hare (EA-2020-SCO-0000067-DT), a case in which the EAT concludes that applications for anonymity orders need to be supported by robust evidence on harm that will arise to the party, going beyond mere embarrassment or social opprobrium, with evidence of impact on labour market outcomes potentially considered relevant and sufficient.

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Can a right to pay during suspension be implied into the contract of a bank worker where that contract is silent?

Grace Boorer analyses Agbeze v Barnet Enfield and Haringey Mental Health NHS Trust EA-2020-000413-VP, in which the EAT found that where a worker’s contract requires something more than being ready, willing and able to work in order to receive wages, a term is not implied that the worker is entitled to be paid on suspension in absence of a contractual provision on the point.

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Caution required in case management

Grace Nicholls on Rooney v Leicester City Council UKEAT/0064/20/DA and UKEAT/0104/21/DA, a case which reminds us that fact sensitive cases be dealt with with extra care and caution to prevent unnecessary delay and ensure effective, efficient conduct of litigation.

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Expensive offers: collective bargaining and the need to negotiate

Stephen Wyeth reviews the Supreme Court's decision in Kostal UK Ltd v Dunkley and others [2021] UKSC 47, a case which demonstrates that any employer who has a workforce covered by collective bargaining needs to tread extremely carefully when looking to abandon negotiations with the relevant union and approach individuals with offers directly.

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Pregnant then screwed? Treasury justified with its income support scheme

Naomi Webber analyses R (the Motherhood Plan & Anor) v Her Majesty's Treasury [2021] EWCA Civ 1703, 'in which the Court of Appeal dismissed the appeal brought by women who were disadvantaged by the Self Income Support Scheme. It did demonstrate, however, that care must be taken not to discriminate when creating schemes that rely on factors which may be affected by periods of maternity (and other) leave.

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Dismissal for gross misconduct arising out of employee raising vexatious and frivolous grievances was fair

Craig Ludlow reviews Hope v British Medical Association EA-2021-000187-JOJ, in which the EAT reminds us that the starting point in determining if a dismissal on the grounds of gross misconduct is unfair, is always section 98 of the Employment Rights Act 1996 and not whether the conduct relied upon was capable of amounting to gross misconduct in the contractual sense.

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The significance of witness evidence

Andrew MacPhail analyses Hovis Limited v Mr W Louton EA-2020-000973-LA, and highlights the importance for parties in a case to always carefully consider if they are in a position to call witnesses who can give direct evidence on any disputed factual findings.

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