Part-timer refused leave to resuscitate claim

Article Abstract:

The Employment Appeal Tribunal President Mummery J.'s ruling in the case of Setiya vs East Yorkshire Health Authority stresses that the Tribunal cannot ignore time limits for appeals because of subsequent changes in law. The plaintiff, a part-time employee, had re-opened his case of unfair dismissal after the House of Lords' 1994 decision eliminating the need for minimum hours of work to qualify for employment protection. The plaintiff may have been better served by initiating a new case instead of re-opening a case two years after the initial decision.

Part-time employment, Part time employment

---

No joint liability under transfer regulations

Article Abstract:

The Court of Session overturned the EAT's controversial ruling in Stirling District Council v. Allan and others, finding the transferee solely liable for transfer-related unfair dismissals prior to the transfer. The Court agreed with the EAT that Stirling should be liable absent express provision to the contrary, but found that provision clearly stated in reg 5(2) of the Transfer of Undertakings (Protection of Employment) Regulations 1981. The Regulations may soon be amended to provide for joint and several liability.

Interpretation and construction, Labor law

---

Redundancy selection was on ground of union activities

Article Abstract:

A trade union official cannot be unfairly selected for dismissal or redundancy based on the amount of time the official spends on union activities. The employee's union activism is a statutorily protected activity. Regardless of the employer's actual motivation in selecting the employee for redundancy, the company may be assessed a higher percentage of contributory fault than the employee in cases of unfair selection or dismissal.

Analysis, Labor unions

Similar abstracts:

• Abstracts: Tax-free rollover permitted even though estate is named as beneficiary of qualified plan interest. IRS issues PLRs on elections for extensions of time to file
• Abstracts: A learned profession: law students need grounding in values, responsibilities of the law. The law lists
• Abstracts: Enforcement proceedings of patent rights in Korea. Reconsidering Walter's "implemented ... to refine or limit claim steps."(patents for algorithms)
• Abstracts: High court to decide when RICO accrues; decision should resolve three-way circuit court split. The borderless world of Martine Rothblatt
• Abstracts: For the first time, a U.S. district court has allowed a defendant to introduce into evidence the results of a polygraph exam

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.