In a new monthly article, we summarise the employment law developments you need to know about. Each month we will look at important recent cases, what has been happening in relation to new legislation, and other interesting developments.
Case updates
Our first case this month is Mach Recruitment Ltd v Oliveira. The Employment Appeal Tribunal (EAT) had to decide whether the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) applied where work carried out by a temporary work agency was taken over by another agency. Next we look at Andrew and another v The Scottish Ministers, where the EAT considered if an employer's failure to investigate matters that were not raised during disciplinary proceedings made two dismissals unfair. Was an employee acting in the course of his employment when he sexually harassed a colleague while giving her a lift to a job? This was the question before the EAT in AB v Grafters Group Ltd (t/a CSI Catering Services International), our last case this month.
Mrs Oliveira was employed by G-Staff Ltd (a temporary work agency) and sent to work for its client, Butcher's Pet Care Ltd, as an aluminium tray operative. A second agency, Mach Recruitment Ltd, started providing services to Butcher's in place of G-Staff. Mrs Oliveira worked for Mach until her contract was terminated. She brought claims for unfair dismissal and breach of contract. Mach argued that she had not transferred to it under TUPE. An employment tribunal (ET) held...
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