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Legal Alert - January 2020

A monthly checklist from Atom Content Marketing highlighting new and pending laws, regulations, codes of practice and rulings that could have an impact on your business.

Case law: An unlawful reason for dismissal such as whistleblowing can be imputed to employer even if not known to the employee making decision to dismiss

Employers considering whether to dismiss an employee should ensure the relevant decision-maker enquires into the background to the proposed dismissal, particularly whether the reason adopted by the decision-maker is (unknown to the employer) an invented reason hiding the real reason for dismissal – for example, because they are a ‘whistleblower’ who made a protected disclosure.

Case law: TUPE rules may protect ‘workers’ as well as employees

Businesses involved in a ‘service provision change’ under TUPE, such as where a client replaces one contractor with another, should consider whether workers – as well as employees from the first contractor - are protected by the TUPE rules, so that the second contractor must take them on and preserve their existing employment rights.

Disclaimer: These publications from Atom Content Marketing are for general guidance only, for businesses in the United Kingdom governed by the laws of England. Atom Content Marketing, expert contributors and ICAEW (as distributor) disclaim all liability for any errors or omissions.