Jurisdictional Points - Extension of time: reasonably practicable Tribunal erred in its approach to determining whether it was reasonably practicable for the complaint to be presented in time.
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Race Discrimination - Inferring discrimination This is an appeal concerning whether the Tribunal erred in its approach to the shifting burden of proof and whether it was open to the Tribunal on the primary facts which it found to draw inferences of race discrimination. Whether it was open to the Tribunal on the primary facts which it found to conclude that the employee had been dismissed for a reason which related to his conduct – whether, on the assumption that the employee had been di ...
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Jurisdictional Points - Worker, employee or neither Employee was for a time also controlling shareholder; was he an employee during that period so as to be able to count the period in assessing continuity of employment? ET said no, and the EAT held that they had properly applied the relevant legal principles and were entitled to reach that decision. Was the Tribunal entitled to find that the reasonable notice period, in the absence of an express term, was one month only? In principle, y ...
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In divorce proceedings the husband became insolvent before a property adjustment order was made. The wife brought proceedings against her solicitors alleging that they had failed to take sufficient steps to advise her of the effect of bankruptcy on her ancillary relief and that she should not defer seeking a decree of divorce absolute until financial matters had been settled. Although in breach of duty for failing to advise her of the effects of a bankruptcy order on her ancillary relief claim t ...
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Condition precedent: The insurance policy covered accidental injury to holiday makers and contained a condition requiring Kosmar Villa Holidays (“KVH”), a specialist tour operator, to notify insurers immediately of the occurrence of any injury. KVH only notified insurers a year later. Although insurers wrote to KVH requesting further information and informed KVH’s solicitors that it would take over the conduct of the claim that did not amount to waiver by estoppel. The repudiation for breach of ...
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Settlements: Lexington insured the property of Alcoa. The period of insurance cover ran from 1st July 1977 to 1st July 1980. Lexington purchased facultative reinsurance with Wasa and AGF for the same years and limit of liability on the assumption that it was “back-to-back” cover. Alcoa subsequently sought to recover remedial clean up costs from Lexington. The US Court held that Lexington was liable for these costs, irrespective of whether the damage was sustained before, during or after the ince ...
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Working Time Regulations - Holiday pay Civil Aviation (Working Time) Regulations – whether the annual leave pay of airline pilots should be calculated by reference to their basic salary or their basic salary plus supplements (such as flying pay and the taxable element of the allowance which is paid to them when they are away from their base) so that they do not receive less when they are on annual leave than when they are working normally. Held that annual leave pay shouldn't simply be ...
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Disability Discrimination Date at which assessment of likelihood of effect of impairment lasting at least 12 months (DDA. Sch 1, para 2(1)(b); see also para 2(2)). Answer; at date of alleged discriminatory act; not date of ET hearing. See Richmond v MacDougall [2008] EWCA Civ 4, disapproving Greenwood v BA.
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Disability Discrimination - Disability related discrimination DDA reasonable adjustments – disability related discrimination - unfair dismissal. Statutory questions to be asked and answered by ET. Appeal allowed and remitted to fresh ET.
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The Claimant obtained permission to appeal. The Court of Appeal referred at the behest of the defendant solicitors that the trial judge determine a further question the result of which was that the appeal stood no prospect of success. The Claimant then sought to amend its grounds of appeal on the basis that the judge was predisposed to find against the Claimant. Although something the Claimant evidently believed, there was no material on which such an objection could properly be sustained.
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