Although the number of cases presented to employment tribunals has seen a dramatic drop, fees have not deterred some claimants, as shown by Personnel Today’s summary of cases in 2015 which “cost employers dear.” Total compensation came to £2.5m, with the largest being £266,537 in a successful caste discrimination claim. One of the cases is Asare-Brown v Mortgage 27 Ltd, where we are delighted to report that Carl Soan, a solicitor in our Employment Team, advised Mr Asare-Brown, who received an award totalling £130,702 for constructive dismissal, breach of contract, unlawful deductions from wages and holiday pay. Carl explains:
“The claim would only succeed if our client was able to show that his employment had transferred automatically to Mortgage 27 Ltd pursuant to the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). The Respondent strongly contested that TUPE applied but our careful analysis of the law and evidence advised that TUPE did apply. We were right. The Respondent’s appeal against the Tribunal’s decision failed and our client was awarded a portion of his legal costs in defending the appeal. TUPE cases are complicated and highly fact sensitive but early advice about the potential application of TUPE is essential to help manage or avoid subsequent legal action.”
Content Note
The aim is to provide summary information and comment on the subject areas covered. In particular, where employment tribunal and appellate court cases are reported, the information does not set out full details of all the facts, the legal arguments presented by the parties and the judgments made in every aspect of the case. Click on the links provided to access full details. If no link is provided contact us for further information. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
