Voluntary-aided school is not a state employer

Article Abstract:

A voluntary-aided school was not considered an emanation of the state by the UK Employment Appeal Tribunal in National Union of Teachers v. Governing Body of St. Mary's Church of England (Aided) Junior School. Therefore the EC Business Transfers Directive did not apply to the closing of two schools and creation of a new one. The National Union of Teachers and teachers who were dismissed had complained that the change should have been considered a transfer of undertaking, giving teachers from the old school a right to transfer to the new school.

Education and state, Education policy, Church schools, Parochial schools

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Applying the Burchell guidelines

Article Abstract:

Two recent cases before the UK Employment Appeal Tribunal (EAT) demonstrate the importance of timing in applying the guidelines for employee dismissal due to misconduct set under British Home Stores Ltd v. Burchell. In Hamilton District Council v. Howie, the Burchell test was applied too late, after the industrial tribunal had already found misconduct. On the other hand, in Kirkcaldy District Council v. Woodward, the EAT determined that the Burchell decision had been applied correctly.

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Dismissal for pregnancy-related illness not discriminatory

Article Abstract:

The Court of Session ruled in Brown v. Rentokil Ltd that the 1991 dismissal of an employee because of sickness related to pregnancy did not constitute sex discrimination. The decision was based on a questionable separation between illness and the pregnancy-related reason for the illness. Furthermore, under current law incorporating the EC Pregnant Workers Directive, the dismissal would be considered unfair automatically.

Pregnant women, Sex discrimination

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