PRACTICE AND PROCEDURE- Bias, misconduct and procedural irregularity This was a successful appeal by the Respondent in an action for disability discrimination and unfair dismissal. The Claimant worked on the production track line for Land Rover. He was recognised as being disabled, suffering from persistent upper extremity symptoms. That had the consequence that he could not perform the core functions of his allocated employment. He was dismissed on 5 December 2008 ...
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PRACTICE AND PROCEDURE – Striking-out/dismissal This was a successful appeal by the Claimant in an action for unfair dismissal, sexual orientation discrimination, victimisation and harassment. The Claimant commenced employment in April 2007 at a nightclub called Bent. He is homosexual and the club was, at that time, promoted as a venue for the gay community. Many of the staff were also homosexual. The club changed hands in about September or October 200 ...
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VICTIMISATION DISCRIMINATION- Whistleblowing This was an unsuccessful appeal by the Claimant in an action for victimisation discrimination. The EAT held that there was no error of law. The Employment Tribunal clearly found that the Claimant was dismissed fairly by reason of redundancy. That finding meant that the claim that he was dismissed for whistleblowing failed. It is reasonably arguable that the claim of pre-employment detriments which failed as a matter of const ...
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VICTIMISATION DISCRIMINATION – Health and safety This was a successful appeal by the Claimant in an action for unlawful deduction from wages and unfair dismissal. The Respondent had rostered the Claimant to work nine consecutive nights and dismissed him after he complained. The Claimant alleged that he had been unfairly dismissed as a result of raising queries about the health and safety of his working environment. An ET rejected his claim for unfair dismissal, h ...
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PRACTICE AND PROCEDURE – Admissibility of evidence This was an unsuccessful appeal by the Claimant in an action for unlawful deduction from wages. At the ET, the Claimant had sought to introduce documentary evidence for first time during closing submissions. The ET ruled that the evidence was inadmissible. The Claimant appealed to the EAT. The EAT dismissed the appeal, holding that the ET was correct to rule the evidence inadmissible. In any event, the evidence was ...
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PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity This was a successful appeal by the Claimant in a race discrimination and unfair dismissal case. The Claimant appealed on the grounds that the Employment Tribunal did not allow his representative to develop his case and at least one member had a fundamental misunderstanding of the case. The EAT found in favour of the Claimant and remitted the action for reconsideration at a fresh tribunal.
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DISABILITY DISCRIMINATION – Reasonable adjustments and compensation This was a successful appeal by the Respondent in a disability discrimination case. The Claimant injured his knees, principally his right knee, whilst on operational duties in February 2006. He returned to work on and off throughout 2007. In January 2008 he returned to work on light duties. He submitted a grievance in February 2008 that the police force had not made appropriate adjustments throughout 200 ...
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RACE DISCRIMINATION and JURISDICTIONAL ISSUES – Extension of time: just and equitable This was an unsuccessful appeal by the Respondent in a race discrimination case. The Claimant was a British citizen of Moroccan origin. In July 2009 he was asked by his employer to produce his passport under threat of suspension. He had done so in the past but the Respondent had lost its copy. On this occasion he did not produce his passport and was duly suspended. Only ...
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UNFAIRNESS IN REDUNDANCY AND EQUAL PAY This was a partially successful appeal by the Claimant in an action for unfair selection for redundancy and equal pay. The Claimant argued that she had been unfairly selected for redundancy as a result of the failure of the Respondent to consider alternative employment for her when a post became available within her work group. She also argued that the Respondent did not have a genuine material factor defence to her equal pay claim. The EAT held ...
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PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity This was a partially successful appeal by the Claimant in an action for race discrimination. The appeal was on the ground that there was apparent bias as a result of contact between the lay members of the Employment Tribunal and three of the five individual Respondents, themselves lay members. The Claimant also appealed on the grounds of perversity, reasons, time-bar, falsity, good faith and agency. & ...
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