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.
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!
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?
