Male part-timer entitled to disapply qualifying hours thresholds

Article Abstract:

The Court of Appeal held that all hours thresholds for determining claims for wrongful termination of employment benefits are invalid in accordance with the House of Lords' declaration that hours thresholds were inconsistent with Community Law. The House of Lords' declaration was held to be retroactive and applicable to claims arising before the new interpretation of the Employment Protection Consolidation Act 1978. The Court also held that no distinctions were to be made upon claimants' sex.

Laws, regulations and rules, Employment discrimination, Part-time employment, Part time employment

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Re-employment after redundancy may preclude unfair dismissal claim

Article Abstract:

The EAT ruling in EBAC Ltd. v Wymer, although inaccurately distinguishing between a job renewal and re-engagement, holds that re-employment shortly after redundancy dismissal causes the dismissal to vanish. The substantive reason for the dismissal, such as redundancy, is essential to the proper application of section 84 of the Employment Protection Act 1978, which governs such dismissals.

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