Darren Newman
Over at the Blog: A Range of Reasonable Responses
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Author Archives: Darren Newman
16. United Bank Ltd v Akhtar
This case is about mobility clauses – and the implied terms that limit their application. It’s a neat illustration of an employer thinking that because the contract says they can do something, they don’t have to worry about how they … Continue reading
15. W Brooks & Son v Skinner
In a special yuletide edition we talk about W Brooks & Son v Skinner [1984] IRLR 379. It’s not exactly a classic – but it is about dismissing someone who got drunk at a Christmas party – and in December … Continue reading
14. East Lindsay District Council v Daubney
In this episode we look at dismissal for long-term absence. The classic explanation of how a fair employer should approach the issue is East Lindsay District Council v Daubney but the law has moved on a bit since then and we … Continue reading
13. 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 – … Continue reading
12. 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 … Continue reading
Posted in Podcasts
Tagged Fair redundancy, Redundancy selection, Selection criteria, Williams v Compair Maxam
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11. 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 … Continue reading
Posted in Podcasts, Uncategorized
Tagged Essex v Home Office, Indirect discrimination, US Supreme Court
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10. 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 … Continue reading
Posted in Podcasts
Tagged Capability, opportunity to improve, unfair dismissal, Waltham Holy Cross
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