Rosemary Connolly and Jenine McCourt, Rosemary Connolly Solicitors, Warrenpoint and Belfast write regular emails on GB case law that they think will interest employment lawyers and HR professionals. Sometimes they will discuss the importance of cases that we have already reported on via or weekly review emails. Other times they will refer you to entirely new cases that you might not have seen before.

Cases highlighted on this occasion are:

1. Gallop v Newport City Council UKEAT/2012/EWCA
2. Trago Mills (South Devon) Ltd v Information Commissioner and anor
3. Pulse Healthcare v Carewatch Care UKEAT

===============================================
1. Gallop v Newport City Council UKEAT/2012/EWCA

Without Prejudice Discussions

Mr Gallop was dismissed for gross misconduct. Prior to his dismissal the parties had undertaken discussions about settlement and compromise agreements. Whilst Mr Gallop claimed that he was happy with the amount, his legal advisor wasn’t and he was dismissed and subsequently brought an unfair dismissal claim.

During the hearing a Council employee referred to these discussions and the Tribunal reduced the compensatory award by 50%, though still finding that he had been unfairly dismissed.

Mr Gallop appealed. The EAT held that the Tribunal should not have taken into account the without prejudice negotiations without a clear waiver from the parties and therefore the appeal was allowed.
http://www.bailii.org/uk/cases/UKEAT/2012/0586_10_1907.html

===============================================
2. Trago Mills (South Devon) Ltd v Information Commissioner and anor [2012] UKFTT

Freedom of Information

X, an employee of Teignbridge District Council, recommended that several of Trago Mills' applications for planning permissions be rejected. The Chairman of Trago Mills complained about X. The investigation held that there was insufficient evidence.

On learning that X was to take voluntary retirement, the Chairman of Trago considered that he had been dismissed but dressed up as a voluntary retirement to address his misconduct. He sought to request details relating to the severance and the agreement. The Council refused. The Information Commissioner agreed that X deserved privacy.

The Chairman appealed to the Information Rights Tribunal which concluded that the duty of the Council to be transparent and accountable did not outweigh the rights of confidentiality to the employee.
http://www.bailii.org/uk/cases/UKFTT/GRC/2012/2012_0028.html

===============================================
3. Pulse Healthcare v Carewatch Care [2012] UKEAT

TUPE; Continuity of employment; employee status

The carers in this case had been engaged by Carewatch Care Services Ltd, a company contracted to a PCT to provide care for a severely disabled individual. The Contract was retendered and taken over by Pulse Healthcare. The carers asserted that they had TUPE rights against the new contractor.

The preliminary points were whether the carers were employees and whether they had continuity of service. The carers were given zero hours contracts and the carers were free to work for other employers. The Tribunal found however that their written terms did not reflect the actual contract and agreement.

The Tribunal found that they were employed by Carewatch Care Services Ltd. However, the issue of whether they were transferred under TUPE was remitted to a fresh Tribunal hearing.
http://www.bailii.org/uk/cases/UKEAT/2012/0123_12_0608.html

===============================================
Legal-Island would like to thank Jenine McCourt, who provided the main content of this email. Jenine is a solicitor in Rosemary Connolly Solicitors with offices in Warrenpoint and Belfast. Jenine works exclusively in employment law and can be contacted on 028 4175 3121 or 028 9066 0823.
http://www.solicitorsni.net/default.asp

===============================================
Legal-Island
23 October 2012

The Belfast Telegraph sponsors Legal-Island's employment law and HR update email services. See the Belfast Telegraph online for all the latest business and employment news:
http://bit.ly/15BLCr

Legal-Island's 2012 Programme of Events is sponsored by Carecall NI. Carecall is a leading provider of employee support services - Counselling, People Management and Development, Conflict Resolution, Change Management, Outplacement and Career Transition Services:
http://bit.ly/r0epY0