Employment Law Classics – 12. Abernathy v Mott, Hay and Henderson

After a summer break its back to 1974 to look at how we determine the reason for dismissal. Abernathy v Mott, Hay and Henderson tells us to look at what is going on in the mind of the employer – but can that principal help us look at whistleblowing dismissals? The recent decision in Beatt v Croydon Health Services NHS Trust says not.

 

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Employment Law Classics 11 – Williams v Compair Maxam Ltd

This episode looks  the classic redundancy selection case of Williams v Compair Maxam Ltd. With redundancies increasingly run as though they are recruitment exercises, how relevant is this 1982 EAT decision today? Well, things many not have changed as much as you think.

Also mentioned is the more recent case of Green v Barking & Dagenham

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Employment Law Classics – 10 Griggs v Duke Power Co

We cross the Atlantic in this episode for the case that invented the concept of indirect discrimination – Griggs v Duke Power This is the origin story of indirect discrimination – the case that was used as the basis for the definition  in the Sex Discrimination Act 1975 and the Race Relations Act 1976. Has it stood the test of time? And how does the approach of the US Supreme Court compare with that of the UK Supreme Court in Essop v Home Office?

 

 

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Employment Law Classics – 9. James v Waltham Holy Cross UBC

Here is a case that you may think you’ve never heard of – but it contains the classic test of fairness when it comes to dismissing someone for poor performance or incompetence. Behind the legal principle, James v Waltham Holy Cross UBC is a strange tale of an employee whose grievance causes offence in high places.

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Employment Law Classics – 8. Iceland Frozen Foods Ltd v Jones

Since this is one of the key cases setting out the Range of Reasonable Responses test it has a place close to my heart: Iceland Frozen Foods Ltd v Jones is so fundamental to the law of unfair dismissal it almost counts as part of its origin story.

Also, find out which prominent trade union lawyer once represented the Earl of Bradford!

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Employment Law Classics – 7. Carmichael & anor v National Power plc

Employment status is in the news – but there is nothing new about the issue. Carmichael & anor v National Power is about whether power station tour guides were employees. What does the case tell us about ‘looking at the reality of the situation’ and how relevant are the traditional tests for employment in the modern workplace?

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Employment law Classics – 6. Delabole Slate Ltd v Berriman

It’s time we talked about TUPE – No really, its fine. Delabole Slate Ltd v Berriman is a nice and neat Court of Appeal case about just what is meant by an ETO reason. That’s the reason you have to establish to avoid a finding of unfair dismissal when someone is dismissed in connection with a transfer. As a bonus it also shows how a constructive dismissal can sometimes be fair.

Don’t forget to look for Delabole Slate gifts and souvenirs here!

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