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18 November 2012
Employment Appeal Tribunal
Dismissing an employee because they are married to a senior executive, due to fears of a perception of nepotism, are not necessarily marital discrimination if the reason is the closeness of the relationship rather than the fact of marriage.
Mr H was the CEO. In breach of an instruction from the company, he employed his wife in a senior capacity. The company dismissed Mr H for breaching the instruction and Mrs H and their daughter because of their policy not to give the appearance of being a family company. Mrs H complained she had been discriminated against because she was married. The employment tribunal struck the claim out as having no reasonable prospect of success.
The status of employment rights on the transfer of an undertaking is an extremely complex area of...