Time for appealing: The claimant lost his case at the Employment Tribunal and appealed. However, his appeal was lodged out of time and permission to extend time was refused on the basis that the delay was not excusable. The claimant contended that he had in fact submitted his appeal in time: the EAT did have evidence of an item that had been posted to them but it had inadequate postage so was not delivered. The properly constituted Notice of Appeal was not received by the EAT until 98 ...
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Race Discrimination - Burden of proof: The Claimant alleged race and religious discrimination, harassment on racial and religious grounds and victimisation against the Respondent in respect of her treatment on a training course. The ET dismissed all but one of her claims of direct race discrimination but held in relation to one matter the onus of proof had been transferred to the Respondent and he had not discharged it. In addition the ET made a finding of unlawful race an ...
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Jurisdictional Points: The claimant brought a complaint of race discrimination by way of submitting a ‘service complaint’. The service complaint was brought out of time and was rejected by the appropriate military authorities as being out of time and that as there were no extenuating or mitigating factors the matter was closed, The claimant then lodged an ET1 claiming race discrimination. The Employment Judge rejected the claim, saying that the legislation was clear: no co ...
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Sex Discrimination: The claimants had all signed compromise agreements entitling them to be paid various compensation payments by the respondent as a result of discussions relating to potential equal pay claims. No prior claims had been presented to an Employment Tribunal. The respondent had organised independent solicitors to give advice to the claimants before they signed the compromise agreements. This advice took the form of a powerpoint presentation from one of the solicitors fol ...
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Continuity of employment: The claimant was employed at a pub until that no longer existed but he was employed by an associated employer soon after his employment contract ended with the first employer. However, there was a week in between the two posts where there was no employment, which, the Employment Judge ruled, meant that he did not have one year’s continuous service and therefore the claimant’s claim of unfair dismissal could not be heard. The Employment Judge ruled ...
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Victimisation Discrimination: Respondent 1, the Claimant’s former academic supervisor, declines to give her a reference. The Claimant brings a victimisation claim on basis that he knew, and was motivated by the fact, that she had previously brought a sex discrimination claim against the University, Respondent 2. Respondent 2 denies knowledge of the previous claim and the Tribunal is invited to draw inferences from what are said to be evasive answers to statutory questionn ...
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Contributory fault: The claimant sold his business, but not the underlying company to the respondent and worked for the respondent as an employee. He was dismissed after the respondent found, amongst other things, that he had undertaken business in competition with the respondent and that he was responsible for a number of misrepresentations in the sale agreement of the business to the respondent. His internal appeal failed and he won his claim of unfair dismissal on the basis that th ...
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Damages for breach of contract: The claimant, a salesperson, worked for the respondent on a commission only basis: he was not paid a salary. The commission he received was paid in 2 tranches: one payment upon placing of an order by the client and the second after the payment of the invoice. There was a time lag between the 2 payments, which meant that the effects on commission payments were not felt until several months after the work of securing the order had been done. The clai ...
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This Note sets out the reasoning for the Sheriff’s refusal to grant interim orders sought at a hearing on 17 June 2010. The action was raised a few weeks after the parties’ separation, which began while the pursuer (who suffered from bipolar disorder) was in hospital. The defender told him he was no longer welcome in the matrimonial home and changed the locks. At the hearing, the pursuer (the non-entitled spouse) sought two interim orders in terms of section 3(4) of the Matrimonial Homes (Family ...
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In terms of section 6(1)(a) of the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976, the Sheriff found that Alexander Ogg Wylie died on 27th December 2009 at 22.55 at Ninewells Hospital, Dundee. In terms of section 6(1)(b), the cause of death was atherosclerotic coronary artery disease, with minor blunt force injuries being a contributory factor.The deceased, a 46 year old taxi driver, was in police custody at the time of death, having been detained in connection with an earlier dis ...
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