Employment News - November 2017 #3

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White lies – incorrect reason for dismissal breach of trust and confidence

An employer who told an employee that he was being dismissed because of a re-organisation when the real reason was performance concerns breached the implied duty of trust and confidence.

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Substance not form – TUPE transfer followed share sale          

The EAT confirmed that the way a business was run after a share sale meant that a TUPE transfer had taken place.

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Did you see that? CCTV recordings and disciplinary investigations

In Secretary of State for Justice v Pinkerton, the EAT found that a tribunal was wrong to find a disciplinary investigation unfair, even though a CCTV recording had not been shown to the victim of an alleged assault.

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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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