24 October 2011

New guide on Public Sector Equality Duties

The Government Equalities Office has published a quick start guide on the Equality Act 2010 (Specific Duties) Regulations 2011.

The regulations came into force on 10 September 2011.

12 October 2011

Employer was not entitled to withdraw its dismissal notice

In C F Capital plc v Willoughby [2011] EWCA Civ 1115, C F Capital (CFC) dismissed Ms Willoughby when it thought that she had agreed to change her employment status from an employee to a self-employed worker. However, CFC withdrew the dismissal notice after it realised that Ms Willoughby had not agreed to the change.

Ms Willoughby claimed that she had been unfairly dismissed. CFC claimed that Ms Willoughby had not been dismissed. The dismissal notice given to her was a mistake and it had been withdrawn.

The Court of Appeal held that there were no “special circumstances” which entitled CFC to withdraw its dismissal notice. CFC intended to dismiss Ms Willoughby. The dismissal notice was clear and unambiguous; and it had terminated Ms Willoughby’s employment.

Although the dismissal notice given to Ms Willoughby was a mistake – the mistake was not based on a misunderstanding that she had agreed to be dismissed.

Pay protection for trainee doctors

A part-time doctor who moved to a full-time training post in a lower grade was not entitled to protected pay at the full-time equivalent of her previous pay: Barts and The London NHS Trust v Verma [2011] EWCA Civ 1129.