There are a number of important decisions awaited by employment lawyers, which are due for hearing in the Supreme Court during the next few months.
1. TUPE
On 13 April 2011, the Supreme Court will hear the appeal in the case of Parkwood Leisure Ltd v Alemo-Herron (2010) ICR793, which reversed an earlier decision and held that TUPE only preserved those terms and conditions of employment which applied at the date of any transfer.
2. Damages/compensation
On 22 June 2011, the Supreme Court is due to hear the case of Edwards v Chesterfield Royal Hospital, whereby the Claimant is seeking compensation for loss of opportunity to hold another full-time position as an NHS consultant within the NHS. The case is unique in that the claim seeks compensation beyond an expressed contractual term.
3. Legal representation at disciplinary hearings
Later this year, the Supreme Court will rule on the decision of RV Governors of X School (2010), which relates to the right of an employee, in this case a teacher, to legal representation at a disciplinary hearing when the teacher faced serious allegations of sexual impropriatory towards a student.
4. Employment status
The Supreme Court has recently heard an appeal in the case of Autoclenz v Belcher (2009), which related to consideration of the employment status of individuals. In this case, a number of car valets, who were accepted as being self-employed by HMRC, claimed that due to their working conditions they were in fact employees as opposed to self-employed. The Court of Appeal went behind the documentation in place to ascertain the truth of the relationship. The case was heard in October 2010 and a decision is anxiously awaited.