Practice and Procedure û Review
Employers conceded liability for holiday pay under the Working Time Regulations at the Employment Tribunal. They did so on the basis that the decision of the EAT in List Design Group v Douglas [2002] ICR 636 gave the employee an entitlement with respect to three years’ holiday pay. A few days after the Tribunal decision, the Court of Appeal in Commissioner for Inland Revenue v Ainsworth Anor. [2005] IRLR 465 held that the approach in List Design was wrong. The effect was to limit the period ...
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Practice and Procedure – Costs
The Employment Tribunal Chairman erred in his consideration of the application for costs. Having decided the Claimant failed to comply with Employment Tribunal orders and conducted the proceedings unreasonably, he erred in taking into account that the claim was not misconceived. This is a separate ground under Rule 40(3) and not relevant when other grounds under Rule 40(3) and (4) are relied on. He also considered there was prejudice to the Claimant and a benefit to the Respondent when the claim ...
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The Employment Tribunal Chairman conducting consideration of a review of her Judgment that the claim was out of time should have given a decision on the Claimant’s case as to whether the change in the Employment Tribunal claim form requirements, set against the advice she was given around the threshold of 1 October 2004, affected the Claimant’s failure to present the claim so that time should be extended.
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Unfair Dismissal - Reasonableness of dismissal
The Tribunal erred in law by holding that the ClaimantÆs dismissal was unfair on grounds of disparity notwithstanding its findings that the decision to dismiss was reasonable substantively and procedurally and that dismissal was within the band of reasonable responses.Race discrimination û Direct/ Burden of proof. The Tribunal erred in law by holding that the ClaimantÆs dismissal was tainted by unlawful discrimination because it was not satisfied with the RespondentÆs explanation about disparity ...
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Minister of religion wins claim. New Testament Church of God v Stewart: Ministers of religion are entitled to claim unfair dismissal. Reverend Stewart was removed as pastor due to allegations — which he denied — of financial impropriety. He claimed unfair dismissal. The church resisted on the long-held grounds that as a minister he had been appointed to a holy office and was not therefore an employee and could not claim. But the EAT followed the employment tribunal in rejecting this argument sa ...
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Fourth occasion in which Claimant brought essentially the same claim against the Respondent. Chairman refused to strike out claim. Decision reversed. Issue Estoppel û abuse of process.
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A procedure will only have been completed within the meaning of section 98A(1)(b) of the Employment Rights Act 1996 if it has been completed in accordance with the requirements of Schedule 2 to the Employment Act 2002.
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The Tribunal refused an application to amend a disability discrimination claim made on the first day of the hearing of an anticipated four day case. The claimant claimed that the Tribunal had erred in law in so refusing. The EAT held that there had been no such error the Tribunal had properly weighed up all relevant matters and had reached a decision which they were manifestly entitled to reach.
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Race Discrimination û Indirect
This complex appeal raised issues in 10 jurisdictions. Primarily the Claimants, who won unfair dismissal and sex discrimination and race discrimination claims, contended that their dismissals were tainted by the discrimination and that the finding in their favour on redundancy was incorrect. It was held that the Employment Tribunal correctly separated the decision-making and instead of applying a ôbut forö test of causation properly sought to ask the reason why they were dismissed.The Claimants ...
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Unfair Contract Terms Act: section 3 of UCTA 1977 does not apply to employment contracts, as employees do not 'deal as a consumer' with their employer under a term for remuneration (in this case, a clause stating that an employee had to remain in employment to be entitled to a bonus).
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