HR Update: proving the right to work; whose motivation counts when it comes to the reason for dismissal?; the extent of the right to freedom of expression; and does TUPE now apply to workers?
Jack Harrington
What’s New?
This month we look at the disability pay gap, new ICO guidance on
special category data, the Government’s new holiday calculator, and the
final word on carry over of holiday pay.,6NFM5,NK38PB,QI0UY,1

Whose motivation counts when it comes to the reason for dismissal?

In two recent cases, the courts have looked at whether a dismissal can be automatically unfair when the decision maker was not motivated or even aware of the automatically unfair reason for the dismissal.—knowledge-of-decision-maker.pdf?dm_i=21HH,6NFM5,NK38PB,QI0UY,1

‘Workers’ not just employees covered by TUPE

In what could be one of the most significant decisions in many years relating to the application of TUPE, the Central London employment tribunal in Dewhurst v Revisecatch Ltd t/a Ecourier has held that ‘workers’ and not just employees are entitled to the protection of the TUPE legislation,6NFM5,NK38PB,QI0UY,1

The extent of an employee’s right to freedom of expression

The European Court of Human Rights has held that the dismissal of an employee who set up and posted articles on a professional knowledge-sharing website was in violation of his rights under Article 10 of the European Convention on Human Rights.,6NFM5,NK38PB,QI0UY,1

What constitutes satisfactory evidence of right to work?

In the case of Badara v Pulse Healthcare Limited, the Employment Appeal Tribunal clarified the approach an employer should take to the issue of right to work for a non EEA family member of an EEA national.,6NFM5,NK38PB,QI0UY,1

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