Highlights of recent court and tribunal decisions include the following:

Redundancy dismissal to avoid pension liability justified on particular facts

In Woodcock v Cumbria Primary Care Trust [2012] the Court of Appeal has upheld a tribunal’s decision that an NHS Trust’s dismissal of a redundant chief executive without proper consultation to avoid his qualification for an enhanced pension was not unlawful age discrimination because the treatment was justified. While the court accepted that an employer could not justify treatment solely because the elimination of that treatment would involve increased costs, on the “unusual” facts of the case, the chief executive’s dismissal could not be characterised as having been solely aimed at saving or avoiding costs. The dismissal had been a proportionate means of achieving the legitimate aim of effecting the chief executive’s redundancy and was justified.

TUPE: change in location was substantial change to employees’ material detriment

In Abellio London Lts v Musse the EAT has upheld a tribunal’s decision that a relocation of six miles because of a TUPE transfer was a substantial change in bus drivers’ working conditions to their material detriment. Therefore, they had been entitled to resign and claim that they had been dismissed for the purposes of regulation 4(9) of TUPE. In London, a move from north to south of the river was substantial, and an increase in the working day of between one to two hours was a material detriment.

Redundancy: selection pool of one was fair

The EAT has upheld a tribunal’s decision that it was not unfair for an employer to use a selection pool of just one employee where it was ceasing its operations in China and the claimant was the only employee who had been sent to China. Decisions as to pools and selection criteria are matters for the employer, and a tribunal should rarely interfere with them. However please follow this decision with care and only use a selection pool of one when you are sure it can be justified.

Testimonials

Read what our clients have to say...

View All

Excellent experience start to finish – always very responsive to any queries and the turnaround on the property I was buying was very quick, even in the busy time leading up to stamp duty deadline. Jenny was always very helpful and went above and beyond to close on a short timescale.

Ben Armitage

“Very approachable, practical solutions to problems, but most of all very responsive which I personally think is very important because if you need help, you need it quickly, or at least to know someone is looking at it for you”.

Joanne Rowe, Finance Director, Greater Manchester Chamber

“Always able to contact, very approachable, friendly and professional”

Nives Feely, JAM Recruitment

“I believe I have been able to establish a professional working relationship with everyone I have come into contact. Importantly, I sense the relationships which have been established give me the confidence that I can make contact with Davis Blank Furniss at any time and on any matter. I would also like to express my thanks to the very impressive “gatekeepers” who work in reception, not only for making me very welcome, but also for their professionalism”

Bill Pryke, CEO, Chartered Institution of Civil Engineering Surveyors

“Thank you for your efficient and friendly help throughout this process. We have had it easy but your approach has been part of that”.

Robert Amsbury (Conveyancing Client)

“I would like to take this opportunity to thank you personally for the ongoing support and assistance the firm has offered to our parents over the years. I hope also that we may be able to call on you if necessary in the future.”

Valerie Fisher (Probate Client)

“Jo always provides great service, understands our needs and delivers on her promises. Our needs are relatively simple but the complexity arises out of the volume of work and short time frames, Jo always delivers.”

Peter Fernandez, Corporate Director at Royal Bank of Scotland

“A big thank you to all who dealt with my wife’s claim… We would not hesitate to recommend Davis Blank Furniss to anyone that may be in a situation like we have been…”

Anon (Personal Injury client)

“Before putting my case in Kirsty (Morbey)’s capable hands I’ve met a couple of other solicitors. None of them listen to me as intently as Kirsty and showed me as much empathy and understanding as she did. Simultaneously she was able to look at my case from legal perspective, explain all the options and follow each of our meetings with written summary of the discussed matters (in timely manner). Her advice was invaluable and led me to successfully ending the case matter (hopeful for good). I’m forever grateful for he work and would definitely recommend her to anyone looking for reliable, knowledgeable and committed solicitor”.

Anon (Family client)
5 star service

Our Manchester office is rated 5 stars on Google