News round-up
Minimum wage increase in October 2012Despite calls to freeze the national minimum wage rate, to improve recruitment, the Government has announced some new minimum wage rates to take effect from 1 October 2012: The standard adult rate (age 21 and over) will increase from £6.08 to £6.19; The development rate (age 18-20) will remain at £4.98; The young workers’ rate (age 16-17) …
Change of bus drivers’ base on transfer was substantial change to their material detriment
In the recent case of Abellio London Ltd (formerly Travel London Ltd) v Musse and others, the EAT had to consider whether the Tribunal had been correct to conclude that five employees had been unfairly dismissed when they resigned around the time of a TUPE transfer on the basis that the transferee employer required them to change their place of work.The five employees were orig…
At what point does the obligation to consult collectively on redundancies arise?
The Advocate-General (AG) of the Court of Justice of the European Union (CJEU) has delivered his opinion in the case of USA v Nolan, prior the case being heard before the full Court later this year, on the point at which the obligation to collectively consult on redundancies arises. The question asked of him was did the obligation arise either when an employer is proposing, bu…
Comment that employee was ‘playing the race card’ was directly discriminatory
In Royal Bank of Scotland plc v Morris, the Employment Appeal Tribunal (EAT) had to consider whether a manager’s suggestion that an employee was ‘playing the race card’ by making a complaint about a colleague amounted to race discrimination.Morris worked as a software engineer at RBS. He had a tense relationship with his supervisor (T), and after a number of incidents, met with…
Saving cost as a ‘legitimate aim’
In Woodcock v Cumbria Primary Care Trust, the Court of Appeal has re-iterated that cost saving alone cannot, by itself, constitute a legitimate aim, so as to objectively justify age discrimination. Following the merger of NHS trusts, Woodcock, who had been the Chief Executive of one of the predecessor Trusts, was not appointed to post of Chief Executive of the new combined Trus…
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