Ms Meister, a Russian national, applied to Speech Design for a
software developer job. She had the right level of experience but
the company rejected her application without interview.
She claimed sex, race and ethnic origin discrimination. But the
really interesting part of this case is to do with her request to
see the successful candidate's file. Did the employer have to
show it to her? Ms Meister believed it would reveal that she was
more qualified than the person who was eventually offered the
The European Court of Justice gave some clarification on the EU
legislation. It said that there is no automatic entitlement for
someone in Ms Meister's position to have access to that sort of
information. But the Court went on to say that where an employer
refuses to grant access to that information, then that refusal
could contribute to evidence of direct or indirect discrimination.
It's for the tribunal to decide whether or not that's the
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In October 2012, the Court of Appeal confirmed that a Service Provision Change ("SPC") TUPE transfer can only occur where the client who receives the service, before and after the change, remains the same (Hunter v McCarrick  EWCA Civ 1399).
Following much debate, on 24 April 2013 the House of Lords finally gave its approval to employee shareholder status which will now take effect from Autumn 2013.
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