Employment Newsletter: TUPE, disability, unfair dismissal, tribunal limits

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No objection – TUPE was principal reason for dismissal

In Hare Wines Ltd v Kaur, the Court of Appeal confirmed that a TUPE transfer was the principal reason for an employee's dismissal, despite the employer's evidence that a poor working relationship with a colleague lay behind the decision.

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Ups and downs: payroll operation could put disabled employee at disadvantage

The erratic payment of contractual sick pay could place a disabled employee suffering from a mental health condition at a disadvantage, according to the EAT in Ishola v Transport for London. However, it was not discrimination arising from a disability.

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Too little, too late – failure to investigate admission of alcohol dependence not unfair

An employer's decision to dismiss an employee for unauthorised absence fell "squarely within the band of reasonable responses", notwithstanding the employee's admission that he had a drinking problem, in the EAT decision Glassford v Royal Mail Group Ltd.

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Annual increase in tribunal limits announced

The Employment Rights (Increase of Limits) Order 2019 increases the tribunal limits that apply to dismissals (amongst other things) taking place on or after 6 April 2019. A week's pay is increasing to £525, while the limit on the maximum unfair dismissal compensatory award rises to £86,444.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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