Ian Smith reviews recent employment law decisions
Employment law problems can be difficult enough to resolve when facts and motivations are clear, but can become even more difficult if mixed reasons or motives are involved. Two recent cases illustrate this, both in areas where the law is obviously predicated on there normally being one factor causing the problem (constructive dismissal and TUPE-related dismissals). Interestingly, and perhaps quite typically in this neck of the woods, the answers given to the question whether it is necessary to look for a single, principal, reason are subtly different because of the different contexts. The third case considered here concerned continuity of employment, an area which in the main has long since been settled by now-old case law but which can still throw up the odd curve ball. The final case concerned a point of discrimination law on which the Equality Act 2010 contains a potentially useful legislative clarification. One other point to notice is that the result of the first and third cases is a score draw: Harvey editors 1; judiciary 1. A rematch cannot be
