Red Kite Law will be at the Pembrokeshire County Show on 16th, 17th & 18th August and we hope to see you there. 

The Employment Appeal Tribunal has recently ruled the dismissal of two lorry drivers who had been driving illegally because their licences had expired was fair.  The lorry drivers had mistakenly allowed their HGV licences to expire, and had therefore been carrying dangerous loads with no licence or insurance.

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The Employment Appeal Tribunal has decided that the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) did not apply where a residential care home for vulnerable adults operated by an NHS Trust closed, the residents were re-housed into their own homes, and their care transferred to private sector care providers.  Therefore, the NHS Trust (rather than the private sector care providers) was potentially liable for claims made by former care workers.

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In the second case of its kind, Lion Steel Ltd has been charged with corporate manslaughter following the death of an employee who fell through a roof. In addition, three of the company directors have been charged with gross negligence manslaughter and a breach of the Health and Safety at Work Act 1974 for failing to ensure the safety at work of their employees.  The first hearing will take place on the 2 August 2011.

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In a recent Court of Appeal case the court considered whether a gay employee who had "come out" at work had been subjected to direct sexual orientation discrimination and harassment.  The Court decided that an employee who had "come out" at work had not been directly discriminated against or harassed on grounds of sexual orientation.

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The Employment Appeal Tribunal has recently upheld recommendations made by a tribunal following the tribunal's decision that an employee had been unlawfully discriminated against on grounds of age and victimised. The recommendations required circulation of the tribunal's merits and remedy decisions to the members of the employer's board of governors and senior management team; review and amendment of the employer's discipline and grievance, equality and recruitment policies by a qualified HR adviser, and formal equality and diversity training to be delivered throughout the employer's organisation.

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The Tribunals Service has published quarterly statistics for 1 January to 31 March. The figures show a 51% increase in claims to employment tribunals compared to the same quarter last year.  It is apparent that employees are even more aware of their rights, and with no claim fee, there is nothing to stop an employee bringing a claim even if they have little prospect of success.

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