Welcome to the December edition of Up to Date. Read on for a roundup of some of the latest news and developments in relation to employment.


Unfair dismissal: Can the real reason for dismissal be something other than that given to the employee by the decision-maker?

The Supreme Court has held that a dismissal can be automatically unfair for having made a protected disclosure, even where the dismissing officer did not know that protected disclosures had been made and had been misled by the employee's line manager to believe that the reason for dismissal was poor performance (Royal Mail Group Ltd v Jhuti).

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TUPE: TUPE applies to workers as well as employees

An Employment Tribunal has held that the Transfer of Undertakings (Protection of Employment) Regulations 2006 ('TUPE') apply to 'workers' as well as traditional 'employees'.  Whilst Employment Tribunal decisions are not binding on other courts, if this decision is correct, only those workers who are truly self-employed (i.e. in business on their own account) are likely to fall outside the scope of TUPE (Dewhurst and ors v (1) Revisecatch Ltd (t/a Ecourier) and (2) City Sprint (UK) Ltd).

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Business Protection: Recent guidance on injunctions enforcing non-compete covenants

The recent case of Affinity Workforce Solutions Ltd v McCann & Ors, reinforces the importance of employers seeking comprehensive undertakings from former employees at the outset and shows that where an employer seeks to supplement agreed undertakings later, via injunctive relief, the Court may be unwilling to intervene. 

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Discrimination: Lying about the real reason for dismissal is enough to shift the burden of proof in a discrimination case

The Court of Appeal has confirmed that when a manager lies about why someone has been dismissed, even if this is done in good faith, this will be enough for the burden of proof to shift to the employer (Base Childrenswear Ltd v Otshudi).

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Religion and belief: What amounts to a philosophical belief under the Equality Act 2010?

The question of what amounts to a 'philosophical belief' under the Equality Act 2010 has been a hot topic in 2019, with Tribunals considering whether or not 'beliefs' including vegetarianism, the sanctity of copyright and Scottish Independence are capable of protection. In advance of a forthcoming hearing to consider whether or not veganism is capable of protection, we take a look at what approach the Tribunals are likely to take when determining whether or not a belief is capable of protection under the Act.

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Immigration Up to Date – December 2019

Our latest Immigration Up to Date looks at the results of theGeneral election 12 December 2019 and the automatic right to work for non-EEA nationals married to EEA nationals.

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Unfair dismissal: Salary information is not necessarily confidential information

The Employment Appeal Tribunal has agreed with an Employment Tribunal that an employee who was dismissed for gross misconduct after sharing salary information of a senior employee with another colleague was unfairly dismissed (Jagex Limited v McCambridge).

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Key Contacts

Helen Almond

Helen Almond

Senior Knowledge Lawyer, Employment & Incentives
Manchester, UK

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Sungjin Park

Sungjin Park

Knowledge Lawyer, Employment
London

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