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?
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!
This episode looks at Western Excavating v Sharp – the case defines what ‘constructive dismissal’ means in unfair dismissal law.
We look at how the case could have been decided differently and see how the Court of Appeal’s ruling paved the way for the implied term of mutual trust and confidence.
Following the Women and Equalities Committee report: High Heels and Workplace Dress Codes, this episode looks at how case law has approached the issue of dress codes and sex discrimination.
Key cases featured:
The chilling tale of a man forced to pay 75p to go swimming. James v Eastleigh Borough Council actually says important things about how direct discrimination law works. But what impact does it have on recent cases such as Taiwo v Olaigbe on the treatment of migrant workers?
If you ever struggle with the ‘reverse burden of proof’ in discrimination claims then this case will take you back to a simpler time where common sense ruled the day. Perhaps we would all be better off if we went back to the principles that King v The Great Britain China Centre sets out.
In this episode we look at Polkey v AE Dayton Services Ltd – the case that defines what unfair dismissal law is really all about. Do you know what the Polkey exception is? Just what is a Polkey deduction? The answers are all here.
