Employment Update - January 2017

A monthly update from the Employment team, containing news about recent and topical developments in employment, immigration and pensions law.

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Kerry Garcia, Lloyd Davey
  1. Tribunal erred in considering the fairness of a previous warning

    The Employment Appeal Tribunal held in Perrys Motor Sales Ltd v Edwards that an Employment Tribunal had erred in evaluating an earlier final written warning when deciding whether a dismissal for subsequent misconduct was unfair. A service manager at a... Read more
  2. TUPE service provision change - how fundamental is 'fundamentally the same'?

    In The Salvation Army Trustee Company v Bahi & Others the Employment Appeal Tribunal has considered whether TUPE applies to a change of service provider where there is a difference in how the services will be performed post retender.  Coventry... Read more
  3. CitySprint cycle courier held to be a worker, not a self-employed contractor

    Organisations in the gig economy typically engage the bulk of their workforce as self-employed contractors, rather than as employees or workers. Toward the end of 2016, an employment tribunal held that two Uber drivers under such self-employed contracts... Read more
  4. Employment Appeal Tribunal considers whether type 2 diabetes is a disability

    In the recent case of Taylor v Ladbrokes Betting and Gaming Ltd , the Employment Appeal Tribunal considered the law regarding progressive conditions under the Equality Act 2010 for the purpose of whether an individual is disabled. Background The... Read more

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