In the latest edition of our ‘Need To Know’ employment and HR newsletter, we look at how the concept of ‘vanishing dismissals’ is applied, warn about whistleblowing remedies, and consider the proposed Protection from Redundancy (Pregnancy and Family Leave) Bill.
We also have included our usual HR Bullets – which cover other significant employment law updates from the past month.
- “Vanishing Dismissals” – the possible consequence of a successful appeal
- Whistleblowing remedies – A warning to employers
- Proposed legislation – Protection from Redundancy (Pregnancy and Family Leave) Bill
HR Bullets
- The EAT held that a settlement agreement cannot validly settle a future claim of discrimination that has not yet occurred (Bathgate v Technip UK Ltd)
- The EAT held a claim for unfair dismissal could not be described as having no reasonable prospect of success merely because the employee had elected for voluntary redundancy (White v HC-One Oval Ltd)
- The Court of Appeal held that an employment tribunal cannot rectify a contract of employment, but it can decide the principle of whether a contract could be rectified (Tyne and Wear Passenger Transport Executive t/a Nexus v National Union of Rail, Maritime and Transport Workers and another)
- The EAT held that even though the Claimant’s conduct that was the reason given for her dismissal was affected by her disability, this did not prevent the employment tribunal from finding that the employer’s decision to dismiss was objectively justified (Morgan v Buckinghamshire Council)
- An employment tribunal awarded a considerable sum as compensation for unfair dismissal and detriment in a whistleblowing case, including substantial awards for injury to feelings, personal injury and aggravated damages, as a result of the employer’s malicious and oppressive handling of the case. The award of compensation included a total loss of earnings to a retirement age of 67 (Jhuti v Royal Mail Group)
- The EAT held that the s.136 Equality Act 2010 statutory burden of proof will only shift when a prima facie case on every aspect of an equal pay claim has been established (Element v Tesco Stores Ltd)
- The EAT held that reinstatement back into employment following a successful appeal against a dismissal will automatically occur unless the employee objectively and unequivocally withdraws their appeal against dismissal before the outcome of the appeal has been decided (Marangakis v Iceland Foods Ltd)