An email was then sent, stating that the trade and assets of Peninsula's Taxwise business were to be transferred to Taxwise Services Ltd, along with the employee's employment contract. The Claimant did not receive the email and was otherwise unaware of the purported change of employer. The Claimant then brought sex and race discrimination claims against both companies. For the purposes of compliance with the now repealed statutory grievance procedure and limitation issues (the details of which need not concern us here) the identity of the true employer was important. In essence, for her claim to succeed against Peninsula, as well as Taxwise, she had to show she remained employed by Peninsula over the relevant period. The EAT (overruling the employment tribunal) applied the House of Lords authority of Nokes v Doncaster Amalgamated Collieries Ltd [1940] AC 1014 to the effect that, at common law, the employment of an employee cannot be transferred from one employer to another without the consent of the employee. Peninsula therefore remained her 'general employer', and the claim against Peninsula could therefore proceed. It is important to note that TUPE was not pleaded by the employer. If TUPE had applied, the statutory doctrine of automatic transfer of employment would of course have been engaged, subject only to the employee's right to object to the same under Reg 4 (7) of TUPE.
EMPLOYEE FAIRLY DISMISSED FOR POSTING VULGAR COMMENTS ABOUT COLLEAGUE
25 April 2012
In this case, a Northern Ireland tribunal held that an employee’s obscene comments about a work colleague, made on his Facebook account, from him home computer, amounted to gross misconduct. The appellant’s claim for unfair dismissal was dismissed and furthermore, the employee had no reasonable expectation of privacy, for the purposes of Article 8 (right to respect for private and family life) of the ECHR (European Convention of Human Rights, in relation to the comments posted on the site. Although this was a Northern Ireland tribunal, the principles of the law on unfair dismissal are the same in Northern Ireland as they are in England, Scotland and Wales. There are more and more dismissal cases relating to social media and this one highlights that even if comments are made from a home computer, individuals can still be held liable.
Employers should ensure they have appropriate policies in place at work regarding the use of social media.
Read a detailed report on this case, Teggart v TeleTech UK Limited, by Pinsent Masons
DISCRIMINATION AND UNSUCCESSFUL JOB APPLICANTS
25 April 2012
Can a worker, who claims plausibly that she met the requirements listed in a job advertisement, and who did not get the job, get disclosure of information indicating whether the employer engaged another applicant at the end of the recruitment process?
Daniel Barnett’s Employment Law Bulletin reports:
No, says the CJEU in Meister v Speech Design Carrier Systems GmbH .
CIPP Policy News Journal
12/04/2013, Page 37 of 362
Made with FlippingBook - Online magazine maker