A recent EAT decision makes it worth revisiting the meaning of regulation 4(9) in the Transfer of Undertaking (Protection of Employment) Regulations 2006:
Reg 4(9): Subject to regulation 9, where a relevant transfer involves or would involve a substantial change in working conditions to the material detriment of a person whose contract of employment is or [...]
A Philadelphia trans woman was told more-or-less just that, being asked to provide a surgeon’s report and, most shockingly, photographs of her genitals before being allowed to use the women’s toilets. The Philiadelphia Gay News reports:
Irene Kudziela, branch manager of Manpower’s Pottsville office, allegedly told Blatt that a letter from her surgeon documenting her gender-reassignment [...]
I needn’t add any more.
H/T to the Joe. My. God. Blog. Discussion as to whether or not she’s owed her s.86 minimum notice is welcome below!
Riam Dean’s disability discrimination claim against Abercrombie & Fitch alleged that she had been pulled from the shop floor back to the stockroom: her prosthetic arm didn’t accord with the company’s “look” policy.
The tribunal has found in her favour today, finding harrassment and failure to make reasonable adjustments. See the full circumstances of the caseat [...]
A number of sources have picked up on the recent case in the EAT concerning Peninsula Business Services, and their (now successful) claim that an Employment Judge should have recused himself on the basis of apparent bias against them. By way of background, Peninsula is probably one of the biggest employment litigators in the country. [...]
Acas have released their annual report, and many of the statistics make for interesting reading.
It shows that the number 0f claims referred to them by the Employment Tribunals fell overall from 151,249 in 2007/2008 to 138,535 in 2008/2009 (that figure refers to claims to particular jurisdictions, rather than the number of ET1s). Six thousand less [...]
…if you want your legal personality to be an express term.
Employers should note the cautionary tale of Mr & Mrs McVeigh, who appealed to the EAT on a tribunal’s determination that they personally were the employers of their dismissed employee Christine Livingstone. In the right circumstances bringing a claim against two real people can be [...]
Those of you who enjoyed my post 18 months ago on celebrity egotist, hypocrite and pregnant-chef sacker Trudie Styler might have been wondering what she’s been up to since.
Don’t worry! The wickedly ascerbic Marina Hyde of the Guardian’s Lost in Showbiz will give you a run down:
To those of you who have written asking, “Can [...]
Legal Action Group magazine has an interesting article on Legal Disciplinary Partnerships in which it derides the Law Gazette for playing one-upmanship with the Bar on their relative speed of reform to meet the changing world of legal service provision, and at the same time criticises the bar for being so slow (h/t to Pink [...]
The new Supreme Court, set to open for business in October, has been showing journalists round the refurbished Middlesex Guildhall.
The BBC has lots of photographs, well seven anyway, whilst the Times reckons the building lacks the ‘wow’ factor. Personally, I like the new building, but would appreciate some better decisions than Malcolm being reached once [...]