October 2009 Archives - 2/2 - Employment Law Advocates

Religious belief

08-Oct-2009 / James Medhurst / No Comments

I had the¬†pleasure of attending the Employment Appeal Tribunal as an observer yesterday in the case of Grainger v Nicholson, which I previously discussed here. As a result, I am now much less confident of the views which I had then. John Bowers QC, for the appellant employer, argued that the definition of¬†a religious or philosophical belief in employment law¬†must be¬†much narrower than the definition of a religion or belief under Article 9 of the European Convention of Human Rights, ...

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TUPE and insolvency

06-Oct-2009 / James Medhurst / No Comments

There has been an interesting recent¬†judgment from the Court of Appeal, reversing the decision of the Employment Appeal Tribunal in Oakland v Wellswood (the link is to the now overruled judgment). The case is¬†unusual because the insolvency issue did not arise in the context of an employee who had been made redundant immediately afterwards but rather someone who had been transferred to¬†a new company but then dismissed less than a year later. Therefore, the question¬†which arose was whether service with ...

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Third party pressure

01-Oct-2009 / James Medhurst / No Comments

The Employment Appeal Tribunal case of Henderson v Connect (South Tyneside) is not very likely to be reported as there is not much¬†new law in it. However, it is a¬†nice example of a judgment¬†which provides a useful survey of the existing¬†authorities, in an area in which many of them are¬†quite old and¬†not all of them are particularly clear. It concerns the tricky¬†issues that arise¬†when an employer sacks someone at the behest of a client, especially¬†if¬†the client¬†does not have good grounds ...

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