14 May 2008

Case law update - Sex discrimination may also lead to a constructive dismissal claim

The EAT has recently ruled that direct and indirect sex discrimination can also lead to a fundamental breach of an employee’s contract of employment. This is the first case at appeal level which examines the relationship between a breach of the Sex Discrimination Act 1975 (the SDA) and a constructive unfair dismissal.

Case law update - When deciding the reason for pre-transfer TUPE dismissals, only the motive of the decision maker is relevant

The Court of Appeal has held that, when deciding whether a pre-transfer dismissal was for an automatically unfair reason, only the motives of the person who decides to dismiss should be taken into account. It is immaterial that the surrounding circumstances indicate that dismissals were ‘stage-managed’ by the buyer.

Case law update - When is a collectively agreed term incorporated into a contract of employment?

In Martland v Co-Operative Insurance Society Ltd, the EAT considered whether collectively agreed severance terms were incorporated into contracts of employment. We look at the case and its implications.

Cost of living failing to feed through to manufacturing wage negotiations

Significant increases in the cost of living are not feeding through to wage negotiations in manufacturing with pay settlements falling to their lowest level for more than 12 months according to the latest data from EEF, the manufacturers’ organisation.

Barriers to rehabilitation costing manufacturers £610m a year – EEF/Unum survey

Continuing failure to break down the barriers to effective rehabilitation of employees is costing Britain ’s manufacturers up to £610 million a year according to a major report on sickness absence.

Rates hold only delaying inevitable cut say manufacturers

EEF West Midlands reluctantly accepted today’s decision to leave interest rates on hold in the face of worries about inflation. However, they warned that it is only a matter of time before interest rates will have to be cut again given further evidence of a weakening UK economy.

Manufacturers urge delay in extension to flexible working legislation

EEF, the manufacturers’ organisation, has urged the government to delay plans to extend the right to request flexible working to more employees until companies have adjusted to the current legislation or risk denying employees with legitimate reasons for asking to work flexibly the opportunity to do so.

Queens Award for Innovation

We would like to congratulate Titan Steel Wheels, who were awarded the Queens Award for Innovation. This was presented to them for their three piece integrated flange wheels IF series for mobile cranes.

Shiftwork & Overtime Survey 2008

The deadline for the survey is Friday 23 May 2008. If you have not yet completed and returned your questionnaire, please return for the attention of Julie Stepney to the address above or fax to 0121 454 6745. With thanks in anticipation.

Business Trends Survey May 2008

The deadline for the survey is Wednesday 21 May 2008. If you have not yet completed and returned your questionnaire, please return for the attention of Andrew Richards to the address above or fax to 0121 454 6745. With thanks in anticipation.